Mantu Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28294 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHEPURA ====================================================== Mantu Kumar Sahni, son of Late Gholat Sahni, Resident of VillageGodhiyari, Sah Tola, Ward No.10, Bihariganj, Police Station- Bihariganj, District- Madhepura.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Uday Chand Prasad, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 05.02.2017 in connection with Government Complaint Case No. 13(7) of 2017, Excise Case No. 217/2016-17 for the offences alleged under Sections 30(a) and 37 (b) of the Bihar Prohibition and Excise Act, 2016.
3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of two litres of country made liquor. Recovery of the offending goods from the possession of the petitioner is denied. The petitioner claims 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 05.02.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Abhimanu Kumar, learned Judicial Magistrate, Ist Class, Udakishunganj, Madhepura in connection with Government
Patna High Court Cr.Misc. No.28294 of 2017 (3) dt.06-07-2017 2/2 Complaint Case No. 13(7) of 2017, Excise Case No. 217/2016-17 with the following conditions:
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself 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 petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Chandran U T