Amod Malli @ Amod Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23783 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -RIGA District- SITAMARHI ====================================================== Amod Malli @ Amod Mallik, son of Late Bhutan Malli @ Bhutan Mallik, resident of village Bhawdepur, P.S. Riga, District Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Riga P.S.Case No. 63 of 2017 registered for the offences punishable under Sections 273 of the Indian Penal Code and 30(A) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 12 litres of Nepali wine.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and he is in custody for two months having no criminal antecedent. Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees

Patna High Court Cr.Misc. No.23783 of 2017 (2) dt.19-05-2017 2/2 twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri A.K.Singh, Additional Chief Judicial Magistrate-III, Sitamarhi, in connection with Riga P.S.Case No. 63 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