Amit Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7733 of 2017 Arising Out of PS.Case No. -164 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHEPURA ====================================================== Amit Kumar Bhagat Son of Late Lalchand Bhagat, Resident of villageAlamnagar, Ward No.15, P.S.- Alamnagar , District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2017 Heard the parties.

This application has been filed in connection with Excise Case No.164 of 2016-2017 for the offence under Sections 30(a) of Bihar Prohibition & Excise Act, 2016.

It is submitted on behalf of the petitioner that he has clean antecedent and remained in custody for about three months. The allegation as per the F.I.R. against the petitioner is that 12 ltrs. of country-made liquor have been recovered from the possession of the petitioner.

Heard learned A.P.P. also.

Having heard both sides. In view of the fact that the petitioner has clean antecedent and he has remained in custody for about three months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five

Patna High Court Cr.Misc. No.7733 of 2017 (3) dt.03-03-2017 2/2 Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Udakishunganj, District- Madhepura in connection with Excise Case No.164 of 2016-2017 corresponding to C-105(7) of 2016 under Alamnagar Police Station.. 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