Mukesh Kumar @ Mukesh Chaudhary @ Langra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19517 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -TEGHRA District- BEGUSARAI ======================================================
1. Mukesh Kumar @ Mukesh Chaudhary @ Langra S/o Yogendra Chaudhary, Resident of village - Hasanpur 14 No. Gumti, P.S. Teghra, District - Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2017 The petitioner seeks regular bail in connection with Teghra P.S. Case No. 85/17, registered for offences punishable under Section 30/30(A)of the Bihar Excise and Prohibition Act, 2016.
Allegation against the petitioner is of recovery of 130 bottles of foreign liquor each containing 750 ML, 110 bottles of foreign liquor each containing 375 ML and 250 bottles of foreign liquor each containing 180 ML.
It has been submitted on behalf of the petitioner that petitioner has nothing to do with the alleged recovery and he has falsely been implicated in this case. In fact the room from which the alleged recovery has been made, was let out on rent by the guardian of the petitioner and when police reached there, the
Patna High Court Cr.Misc. No.19517 of 2017 (3) dt.19-06-2017 2/3 renter fled away and the petitioner was caught. Further now the petitioner has been in judicial custody since 13.03.2017 and has no criminal antecedent and is ready to abide by any condition imposed on him for grant of bail.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case and also petitioner has no criminal antecedent and has remained in custody for more than three months, as such, let the petitioner 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, Begusarai, in connection with Teghra P.S. Case No. 85 of 2017, 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 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
Patna High Court Cr.Misc. No.19517 of 2017 (3) dt.19-06-2017 3/3 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 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, prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T