Patna High CourtCR. MISC./9182/2017bail granted

Dilip Chaudhary v. The State Of Bihar

2017-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9182 of 2017 Arising Out of PS.Case No. -536 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ====================================================== Dilip Chaudhary, son of Suresh Chaudhary @ Suraj Chaudhary, resident of village Raghwachak, P.S. Fatehpur, District Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Muffasil P.S.Case No. 536 of 2016 registered for the offences punishable under Sections 272, 273, 120B of the Indian Penal Code and Section 30(a) of Bihar Excise Prohibition Act, 2016. It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner rather from the bushes near factory 119 litres of country made liquor has been recovered and petitioner is in custody since 15.12.2016 and other co-accused has been granted bail by this Court in Cr.Misc.No. 8320 of 2017 vide order dated 21.2.2017. Heard learned APP also.

Having heard both sides and considering the fact that similarly situated co-accused having been granted bail by this

Patna High Court Cr.Misc. No.9182 of 2017 (2) dt.28-02-2017 2/2 Court, let the 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, Gaya, in connection with Mufassil P.S.Case No. 536 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