Patna High CourtCR. MISC./7983/2017bail granted

Sukhari Rai v. The State Of Bihar

2017-02-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7983 of 2017 Arising Out of PS.Case No. -194 Year- 2016 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sukhari Rai, son of Bahadur Rai, resident of Village- Jhitkahiya, P.S.- Adapur, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ansul, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Adapur P.S.Case No. 194 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioner that from the petitioner only 2.7 litres of Nepali wine has been recovered and he is in custody for about three months and he has no criminal antecedent.

Heard learned APP also.

Having heard both sides and considering the fact that small quantity of liquor has been recovered, coupled with the fact that he has remained in custody for about three months, let the

Patna High Court Cr.Misc. No.7983 of 2017 (2) dt.23-02-2017 2/2 petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Adapur P.S.Case No. 194 of 2016, 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