Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18165 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -KHODABANDPUR District- BEGUSARAI ======================================================

1. Saroj Kumar Son of Hari Narayan Mahto Resident of Village Bhuswar, P.S. Bibhutipur, District Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sujit Kumar Singh For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 Heard the parties.

The petitioner seeks regular bail in connection with Khodabandpur P.S.Case No.3 of 2017, registered for offences punishable under Sections 30(a) of Bihar Excise Amendment Act, 2016.

Allegation against the petitioner is that a huge quantity of liquor has been recovered from the Truck and he was arrested at the spot.

It is submitted on behalf of the petitioner that the F.I.R. itself shows that he is loader in the Truck and the articles is of some other accused persons. Further, he has no criminal antecedent and remained in custody for more than three months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.18165 of 2017 (2) dt.21-04-2017 2/2 Having heard both sides and in view of the fact that the petitioner appears to be illiterate and remained in custody for more than three months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Begusarai in connection with Khodabandpur P.S.case No.3 of 2017 dated 02.01.2017. With 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 co-operate 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 reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U