Bahadur Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34308 of 2017 Arising Out of PS.Case No. -162 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Bahadur Bind, Son of Late Sukhdeo Bind, resident of Village- Sauan, P.S. Chandi, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 The petitioner seeks regular bail in connection with Chandi P.S. Case No. 162 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 05 litres of country made liquor as well as some articles for manufacturing of liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, there is allegation of recovery of only 5 litres of country made liquor, for which petitioner has sufficiently been punished as he has been in judicial custody since 23.05.2017 and has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.34308 of 2017 (2) dt.26-07-2017 2/3 circumstances of the case, quantity of liquor recovered and also that petitioner has no criminal antecedent and has remained in custody for three months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J- VI-cum-Special Judge, Excise, Nalanda at Biharsharif in connection with Chandi P.S. Case No. 162 of 2017, subject to the 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 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 reasons, the prosecution is free to move for cancellation of his bail.

Patna High Court Cr.Misc. No.34308 of 2017 (2) dt.26-07-2017 3/3 It is also made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunil/- U T