Tinku Kumar Singh @ Janak Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17640 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================
1. Tinku Kumar Singh @ Janak Kumar Son of Radhika Raman- Shastri @ Shastri Choudhary
2. Pramod Kumar Son of Chandeshwar Choudhary Both are the resident of Village- Gourishankar tola, Post: Manipur, P.S. Nokha, District Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 The petitioners are in custody since 16.02.2017 in connection with Nokha P.S. Case No. 46 of 2017, registered for offences punishable under Sections 272, 273 and 120(B) Indian Penal Code.
Allegation against the petitioners is of recovery of huge quantity of country made liquor.
It has been submitted on behalf of the petitioners that though there is allegation against the petitioners that 20 pouch of country made liquor has been recovered from their conscious possession. There is allegation of recovery from a magic vehicle, which was coming just behind the petitioner's bike, of 525 pouch of country made liquor and further from their instance 1480 pouch
Patna High Court Cr.Misc. No.17640 of 2017 (2) dt.17-04-2017 2/3 of country made liquor was recovered from Siwan, however, petitioner has nothing to do with the alleged recovery of said magic vehicle as they are neither owners of the said vehicle nor drivers. Petitioners are in custody for more than two months. Heard learned counsel for State.
Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that petitioners have no criminal antecedents and have been in judicial custody since 16.02.2017, as such, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Sasaram, Rohtas, in connection with Nokha P.S. Case No. 46 of 2017, with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and
Patna High Court Cr.Misc. No.17640 of 2017 (2) dt.17-04-2017 3/3 when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
It is also made clear that if the petitioners again found involved in any of such offences, in future, prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T