Patna High CourtCR. MISC./45984/2017bail granted

Shyam Kishore Kumar And ANR v. The State Of Bihar

2017-09-19Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.45984 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45984 of 2017 Arising Out of PS.Case No. -144 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== 1.Shyam Kishore Kumar, Son of Shri Devnandan Rai, Resident of Village - Chingi Takiya, P.S. Bajpatti.

2. Abinash Kumar, Son of Shri Rambabu Rai, Resident of Village - Sonmani Tol, P.S. - Bajpatti.

.... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioners seek regular bail in connection with G.O. Case No. 144 of 2017, registered for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 17.70 litres of country made liquor.

It has been submitted on behalf of the petitioners that nothing has been recovered from their conscious possession and have falsely been implicated in this case and have no criminal antecedents and have been in judicial custody since 06.08.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioners have no

Patna High Court Cr.Misc. No.45984 of 2017 (2) dt.19-09-2017 criminal antecedents, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with G.O. Case No. 144 of 2017.

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

(ii) It is made clear that if the petitioners again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T