Md. Tanweer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2895 of 2017 Arising Out of PS.Case No. -550 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Md. Tanweer, Son of Nooor Alam, Resident of Village - Gachhpara, Police Station- Kishanganj in the district of Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajnish Kumar For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 The petitioner is in custody since 01.12.2016 in connection with Kishanganj P.S. Case No. 550 of 2016 (G.R. No. 1957 of 2016) registered for offences punishable under Sections 30(A) of the Bihar Excise Amendment Act, 2016. It has been submitted on behalf of the petitioner that though there is allegation of recovery of 9.5 litre of beer and one bottle of foreign liquor has been recovered from the petitioner, however, the same was not recovered from the conscious possession of the petitioner. Petitioner is a man of clean antecedent and has been languishing in judicial custody since 01.12.2016.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two

Patna High Court Cr.Misc. No.2895 of 2017 (2) dt.10-02-2017 2/2 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No. 550 of 2016, (G.R. No. 1957 of 2016) subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) 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 two appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

It is also made clear that if the petitioner again found involved in any of such offence in future, his bail bond will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T