Single Judge allowed bail to two petitioners implicated in a case under Sections 272, 273 IPC and Bihar Prohibition & Excise Act, 2016 for possession of illicit liquor, subject to standard bail conditions.
Petitioners to be released on bail upon furnishing Rs.10,000/- bond each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51596 of 2019
Arising Out of PS. Case No.-90 Year-2019 Thana- KUNDWACHAINPUR District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh For the Opposite Party/s : Mr.Amit Kumar Rakesh
======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 01-10-2019 Heard learned counsel for the parties.
Petitioners seeks bail in a case registered for the offence punishable under Sections 272, 273 of the Indian Penal code and Sections30(a) 41(1) of the Bihar Prohibition & Excise Act, 2016.
Allegation is recovery of 399 litres Nepali liquor from the possession of the petitioners who were carrying illicit liquor on their motorcycle.
It has been submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Petitioners have no criminal antecedent and they are in custody since 23.06.2019.
Patna High Court CR. MISC. No.51596 of 2019(3) dt.01-10-2019 2/2
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kundwa Chainpur P.S. Case No.90/2019, with following conditions:-
(1)Bailors should be local having sufficient
immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.
(S. Kumar, J)
Sanjay/-
U T
2 issues framed by the court
Whether the petitioners are entitled to bail in a case alleging possession of illicit liquor.
What conditions must be imposed for the grant of bail in PETITIONER'S case.
2 provisions across 2 enactments
Raja Babu Kumar
Gaurishankar Yadav
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
