Patna High CourtCR. MISC./10198/2017bail granted

Sukai Mukhiya v. The State Of Bihar

2017-03-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10198 of 2017 Arising Out of PS.Case No. -304 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sukai Mukhiya, son of Kapil Deo Mukhiya, resident of village Majhariya Sekh, Kachahari Tola, P.S. Majhauliya, District West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Majhauliya P.S.Case No. 304 of 2016 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It has been submitted on behalf of the petitioner that allegation against him is for recovery of 10 litres of Mahua wine from his house and he has clean antecedent and has remained in custody for more than two months.

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 two months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five

Patna High Court Cr.Misc. No.10198 of 2017 (2) dt.06-03-2017 2/2 thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Majhauliya P.S.Case No. 304 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 for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U