Anand Jaiswal @ Anand Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9204 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -SIWAN RAIL P.S. District- SARAN ====================================================== Anand Jaiswal @ Anand Kumar Jaiswal, son of Shree Gautam Jaiswal @ Gautam Prasad Jaiswal, resident of Mohalla Humaupur North, Ward No. 29, House No. 497, P.S. Gorakhnath, District Gorakhpur (U.P.) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anjani Kumar Sinha No-1, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Siwan Rail P.S.Case No. 80 of 2016 registered for the offences punishable under Section 30(A) of the Bihar Excise Act, 2016. It has been submitted on behalf of the petitioner that there is alleged recovery of 32 bottles, each containing 375 ml. of foreign liquor and petitioner is a student and has no criminal antecedent has falsely been implicated in this case and he has remained in custody for more than two months. Heard learned APP also.

Having heard both sides and considering the fact there is no criminal antecedent against the petitioner and has remained in custody for more than two months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/-

Patna High Court Cr.Misc. No.9204 of 2017 (2) dt.28-02-2017 2/2 (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate (Railway), Sonpur (Saran), in connection with Siwan Rail P.S.Case No. 80 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U