Pramod Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9900 of 2017 Arising Out of PS.Case No. -9 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pramod Kumar Gupta, son of Ramagya Prasad, resident of village - Basantpur, P.S. Adapur ( Nakardei O.P. ), District - East Champaran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Excise Case No. 09 of 2012 registered for the offences punishable under Section 47(a) of Excise Act.

It has been submitted on behalf of the petitioner that petitioner is in custody for more than three months and he has clean antecedent and allegation against him is that from his shop 20 litres of country made liquor have been recovered. Heard learned APP also.

Having heard both sides and considering the fact that petitioner has clean antecedent and has remained in custody for more than three months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees

Patna High Court Cr.Misc. No.9900 of 2017 (2) dt.03-03-2017 2/2 twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri A. Mishra, Judicial Magistrate, Raxaul at Motihari, East Champaran, in connection with Trial No. 1505 of 2016, arising out of Excise Case No. 09 of 2012, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 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 reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U