Patna High CourtCR. MISC./14551/2017bail granted

Jitan Nat And ANR v. The State Of Bihar

2017-03-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14551 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Jitan Nat, son of Late Teras Nat,

2. Triveni Nat, son of Late Teras Nat, Both resident of Village- Pakadi, P.S.- Mohammadpur, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 The petitioners are in custody since 18.01.2017 in connection with Mohammadpur P.S. Case No. 110 of 2016, registered for offences punishable under Sections 272, 273 and 420 Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It has been submitted on behalf of the petitioners that allegation against the petitioners are that 25 litres of mahua and other raw materials were recovered from the house of the petitioners and 01 litre of country made liquor has been recovered from a motorcycle standing outside the house of the petitioners, however, petitioners have been sufficiently been punished for the same offence as they have been in judicial custody since 18.01.2017. As regards criminal antecedent of petitioner no. 1, it

Patna High Court Cr.Misc. No.14551 of 2017 (2) dt.30-03-2017 2/2 has been submitted that petitioner no. 1 has one criminal antecedent but that is not similar type of case as the present one. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of case, nature of offence and also period of custody, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, Dist - Gopalganj, in connection with Mohammadpur P.S. Case No. 110 of 2016. It is also made clear that if the petitioners again found involved in any of such offence, in future, prosecution will be free to move for cancellation of their bail bonds. .

(Vinod Kumar Sinha, J) sunil/- U