Patna High CourtCR. MISC./8276/2017bail granted

Ashok v. The State Of Bihar

2017-03-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8276 of 2017 Arising Out of PS.Case No. -385 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Ashok, son of Mahipal Yadav, Resident of Village- Davoda, P.S.- Faarukhnagar, District- Gurgaon .... Petitioner

Versus

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

For the Petitioner : Mr. Babita Kumari, Adv. For the Opposite Party : Mr. Braj Kishore Prasad, APP 90 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offences under Sections 272, 273, 420 and 120B of the Indian Penal Code 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Accusation is that illicit liquor was recovered from a container truck in huge quantity.

Submission of the petitioner is that the petitioner has no concern with the said container rather he was simply a driver and had no knowledge about the articles loaded. More over, co-accused, Jogendra Yadav, has already been allowed bail by a coordinate Bench of this Court in Cr. Misc. No. 7043 of 2017. The petitioner is in custody since 08.11.2016.

Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)

Patna High Court Cr.Misc. No.8276 of 2017 (3) dt.18-03-2017 2/2 with two sureties of the like amount each in connection with Saraiya P.S. Case No. 385 of 2016 to the satisfaction of the Subdivisional Judicial Magistrate, Muzaffarpur, or successor Court with the condition that the petitioner shall fully cooperate with the investigation/trial of the case and if the Court below would come to notice that the petitioner has committed similar type of offence in future, the Court below shall be at liberty to cancel the bail bond of the petitioner in this case also.

(Birendra Kumar, J) SA/- U √ T √