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Patna High CourtCR. MISC./34329/2017bail granted

Sadhu Pasi v. The State Of Bihar

2017-07-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34329 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sadhu Pasi, son of Gagandeo Pasi, resident of Village- Patilar, Police Station- Chautarwa, District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Chautarwa P.S.Case No. 74 of 2017 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation as per FIR is that from hut 700 litres of toddy has been recovered and the hut belongs to the petitioner. It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and the hut does not belong to the petitioner and he is in custody for more than two months. It has also been submitted that petitioner has been made accused in one other case but the same is of the year 2013.

Heard learned APP also.

Patna High Court Cr.Misc. No.34329 of 2017 (2) dt.27-07-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, West Champaran, Bettiah, in connection with Chautarwa P.S.Case No. 74 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U