Raja Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18079 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Raja Kumar Sah, S/o Harendra Sah, resident of Village- Harpur Bazaar, P.S.- Gopalganj, District- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Harendra Prasad, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kuchaikot P.S.Case No. 53 of 2017 registered for the offences punishable under Sections 272, 273, 420 of the Indian Penal Code and 30(a)(b)(c) of Bihar Excise Act, 2016.

Allegation is of recovery of 40 litres of country made liquor from the vehicle in which petitioner was traveling. It has been submitted on behalf of the petitioner that the vehicle is not of the petitioner and petitioner was not aware about keeping of wine in the vehicle and he has no concern with the seized article. It has further been submitted that petitioner has clean antecedent and has remained in custody for more than one month.

Heard learned APP also.

Patna High Court Cr.Misc. No.18079 of 2017 (2) dt.19-04-2017 2/2 Having heard both sides and considering the facts and circumstances, as stated above, 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 Additional Chief Judicial Magistrate-VII, Gopalganj, in connection with Kuchaikot P.S.Case No. 53 of 2017, 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