Patna High CourtCR. MISC./20675/2017bail granted

Ashok Kumar Das v. The State Of Bihar

2017-05-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20675 of 2017 Arising Out of PS.Case No. -148 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictKISANGANJ ======================================================

1. Ashok Kumar Das, Son of Late Hari Mohan Das, Resident of VillageWard No.2, Milanpalli, Mallah Basti, P.S.- Kishanganj in the district of Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Case No.C1-06 of 2017 (arising out of C.C.Case No.148 of 2017) registered for offences punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2016.

Allegation against the petitioner is about recovery of 7.8 ltrs. of country-made liquor.

It is submitted on behalf of the petitioner that nothing has been recovered from the shop rather from the side of the shop. He has been falsely implicated in this case and he has clean antecedent. He has remained in custody for about two months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.20675 of 2017 (2) dt.08-05-2017 2/2 Having heard both sides and in view of clean antecedent, 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.D.J.2nd, Kishanganj in connection with Case No.C1-06 of 2017 (arising out of C.C.Case No.148 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