Kumod Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26742 of 2017 Arising Out of PS.Case No. -6 Year- 2016 Thana -MEERGANJ District- PURNIA ======================================================

1. Kumod Rishi Son of Mahendra Rishi, resident of Village- Rangpura Mushahari Tola, P.S.-Mirganj, District- Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 Heard the parties.

The petitioner seeks regular bail in connection with Mirganj P.S.Case No.06 of 2016 corresponding Spl. Excise Case No.609 of 2017, registered for offences punishable under Section 272 of the Indian Penal Code and Section 47(A) of the Excise Act. Allegation against the petitioner is about recovery of 40 ltrs. of 'Mahua' liquor.

It is submitted on behalf of the petitioner that he has been falsely implicated in this case and he is having clean antecedent as well as he has remained in custody for more than two months. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that he has clean antecedent as well as the other facts and circumstances of

Patna High Court Cr.Misc. No.26742 of 2017 (2) dt.30-06-2017 2/2 the case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of 2nd Addl. Sessions Judge-cum-Spl. Excise Judge, Purnea in connection with Mirganj P.S.Case No.06 of 2016 corresponding to Spl. Excise Case No.609 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U