Md. Chandu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12414 of 2017 Arising Out of PS.Case No. -290 Year- 2016 Thana -GARDANIBAGH District- PATNA ====================================================== Md. Chandu Son of Md. Mansoor, Resident of Mohalla- Fulwari Sharif, Taj Nagar, P.S.- Fulawari Sharif, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binit Kumar For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 Heard the parties.

This application has been filed in connection with Gardanibagh P.S.Case No.290 of 2016 for the offence under Sections 30(a), and 41 of the Indian Penal Code. According to the petitioner, there is alleged recovery of 60 ltrs. of country-made liquor and the petitioner has no way concern with the aforesaid seized articles as he is Driver of the Tempo and the seized articles belong to some other accused persons. Further it is submitted that the petitioner has clean antecedent and he has remained in custody for about three months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, coupled with the fact that he has

Patna High Court Cr.Misc. No.12414 of 2017 (3) dt.28-03-2017 2/2 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 C.J.M., Patna in connection with Gardanibagth P.S.Case No.290 of 2016.

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