Patna High CourtCR. MISC./12718/2017bail granted

Md. Wajid v. The State Of Bihar

2017-04-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12718 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Md. Wajid, Son of Late Md. Idrish, R/o Village- Chandan Bara, P.S.- Dhaka, District- East Chmparan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Jha, Advocate For the Opposite Party : Mr. Mithilesh Kumar Khare (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with C2-68 of 2017 registered for the offence punishable under Section 30(a) of Bihar Excise (Amendment) Act, 2016.

Allegedly, the petitioner was apprehended with bicycle and 144 bottles of Nepali Saufi wine each containing 300 M.L., total 43 liters and 200 M.L. was recovered and the petitioner is in custody since 31.01.2017.

Submission is of false implication and that nothing has been recovered from his conscious possession, the petitioner has got no criminal history and as such, he deserves sympathetic consideration.

Patna High Court Cr.Misc. No.12718 of 2017 (2) dt.12-04-2017 2/2 Learned A.P.P. fairly submits that considering the detention of the petitioner, now lenient view can be taken. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with C2-68 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Rajiv/- U T