Sukhlal Sada And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28173 of 2017 Arising Out of PS. Case No. -103 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHUBANI ======================================================

1. Sukhlal Sada, son of Ghuran Sada, resident of Village- Kerba, P.S. Saharghat, District Madhubani.

2. Sunil Sahni, son of Sukeshwar Sahni, resident of VillageMukhiyapatti, P.S. Saharghat, District- Madhubani. .... .... Petitioners

Versus

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

For the Petitioner : Mr. Ravi Ranjan, Advocate For the State : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 10.03.2017 in connection with G.O. Case No. 103 of 2017 for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioners have been falsely implicated in connection with the alleged recovery of 64 litres of Nepali Deshi wine and 9 litres of Golden Glove Nepali wine. Recovery of the offending goods from the possession of the petitioners is denied. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 10.03.2017 already suffered, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Madhubani in connection with G.O. Case No. 103 of 2017 with the following conditions:

Patna High Court Cr.Misc. No.28173 of 2017 (2) dt.06-07-2017 2/2 (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/Chandran U T