Patna High CourtCR. MISC./29899/2017bail granted

Pawan Kumar v. The State Of Bihar

2017-07-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29899 of 2017 Arising Out of PS.Case No. -359 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Pawan Kumar son of Hari Narayan Mahto Resident of Village - Dhaing Maniyari, Police Station - Supti, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with C-2 Case No.359 of 2016 registered for offences punishable under Sections 30(A) of Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is of recovery of 141 ltrs. of liquor, however, submission of the learned counsel for the petitioner is that altogether three persons have been made accused in this case and no such occurrence has taken place. The petitioner has no criminal antecedent and he is in custody for about eight months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be

Patna High Court Cr.Misc. No.29899 of 2017 (3) dt.12-07-2017 2/2 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 C.J.M., Sitamarhi, in connection with C-2 Case No.359 of 2016.

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