Criminal Miscellaneous application arising from a case under the Bihar Excise and Prohibition Act. The High Court released the petitioner on bail by furnishing a bond and two sureties subject to specific conditions regarding representation and address.
Release on bail with a bond of Rs 10,000 and two sureties of like amount, subject to conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 78856 of 2019
Arising Out of PS. Case No.-618 Year-2019 Thana- FATUA District- Patna
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KUNAL KUMAR S/o Mohan Prasad R/o village- Dushadhi Pakari, Hanuman Nagar, P.S.- Kankarbagh, District- Patna
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Jha For the Opposite Party/s : Ms.Rita Verma ======================================================
CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
3 12-12-2019
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Special Case No 8025 of 2019 arising out of Fatuha Police Station (for brevity PS ) Case No 618 of 2019 instituted for the offence under Section(s) 30 (a), 37 (c) of Bihar Excise and Prohibition Act, 2016.
Having no criminal antecedent, the petitioner is in custody since 07.09.2019. Allegation is of recovery of 163 liters of country made liquor. Learned counsel for the petitioner submits that petitioner was merely a driver having no knowledge about the contents of the Tempo. The submission is of false implication and that the seizure is not in accordance with law.
Patna High Court CR. MISC. No.78856 of 2019(3) dt.12-12-2019 2/2
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna in connection with Special Case No 8025 of 2019 arising out of Fatuha PS Case No 618 of 2019 subject to the following conditions:-
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H. /-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case under the Bihar Excise and Prohibition Act.
1 provisions across 1 enactments
KUNAL KUMAR
THE STATE OF BIHAR
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
