The Patna High Court granted bail to the petitioner, an accused in a case under the Bihar Prohibition and Excise Act, upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to standard conditions of cooperation and non-tampering with evidence.
Release on bail of Rs. 10,000 with two sureties of similar amount on specified conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24218 of 2020
Arising Out of PS. Case No.-28 Year-2020 Thana- SAHIYARA District- Sitamarhi
======================================================
VIJAY KUMAR S/o Phekan Mahto Resident of Village- Chainpura, P.S.Riga, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Sinha For the Opposite Party/s : Mr.APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 22-09-2020
Heard learned counsel for the petitioner as well as
learned APP for the State also through video conferencing.
Petitioner is an accused in a case registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
90 litres of Nepali liquor is said to have been recovered from the bags of the petitioner and two other coaccused, who were travelling on a scooty.
It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. He is no way concerned with the aforesaid recovery of wine and the vehicle. Petitioner has got clean antecedent and he is in custody since 19.3.2020.
Patna High Court CR. MISC. No.24218 of 2020(2) dt.22-09-2020 2/2
Considering the facts 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 learned A.D.J. II cum Special Judge, Excise Act Sitamarhi in Sahiyara Police Station Case No. 28 of 2020, on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence of witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J)
SONALI/-
U T
1 issue framed by the court
Whether the petitioner accused in an excise case should be granted bail upon furnishing a bond and sureties.
1 provisions across 1 enactments
Vijay Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
