Patna High CourtCR. MISC./19107/2017bail granted

Kishan Kumar Mandal v. The State Of Bihar

2017-05-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19107 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -JOGBANI District- ARRARIA ======================================================

1. Kishan Kumar Mandal Son of Basudeo Mandal @ Baso Mandal, Resident of Village- Baijnathpur, Ward No. 2, P.S.- Jogbani, DistrictAraria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Jogbani P.S.Case No.10 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Seciton 30(a) of Bihar Excise Prohibition Act, 2016.

Allegation against the petitioner is about recovery of 17 ltrs. of liquor.

It is submitted on behalf of the petitioner that the petitioner has no criminal antecedent and he has been falsely implicated in this case. He is in custody for about four months. Heard learned A.P.P. also.

Having heard both sides and in view of clean antecedent and the period of custody for sufficient time, let the petitioner,

Patna High Court Cr.Misc. No.19107 of 2017 (3) dt.03-05-2017 2/2 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 C.J.M., Araria in connection with Jogbani P.S. Case No.10 of 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