Patna High CourtCR. MISC./9892/2017bail granted

Santosh Mushar v. The State Of Bihar

2017-03-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9892 of 2017 Arising Out of PS.Case No. -617 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ====================================================== Santosh Mushar son of late Nayan Mushar resident of village-Dharhara Musher Toli, P.S.-Ara Town, District-Bhojpur at Ara (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2017 This is an application for grant of bail for offences punishable under Sections 30(a) and 56 of the Bihar Excise Act. It has been submitted on behalf of the petitioner that recovery is made from the house of Rama Mushar and there is no recovery from the house of the petitioner. However, it appears that both are residing together and the occurrence took place on 20.12.2016 and petitioner is in custody since 22.12.2016. Heard learned A.P.P. also.

Having heard both sides, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case no. 617 of 2016 with the following conditions:-

Patna High Court Cr.Misc. No.9892 of 2017 (2) dt.03-03-2017 2/2 (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (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 reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sudip/- U T