Md. Usman v. The State Of Bihar

Patna High Court Cr.Misc. No.34862 of 2017 (2) dt.03-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34862 of 2017 Arising Out of PS.Case No. -249 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Md. Usman Son of Md. Kamaruddin, Resident of Village- Brindaban, P.S.- Lakhisarai, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 249 of 2016 registered for offences punishable under sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition & Excise Act, 2016.

Allegation against the petitioner is that 27 litres of country made liquor was recovered from the bag of two persons including the petitioner.

Learned counsel for the petitioner submitted that he has falsely been implicated on the basis of suspicion and there is no criminal antecedent. It has further been submitted that the petitioner is in custody for more than two and half months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.34862 of 2017 (2) dt.03-08-2017 Having heard both sides and considering the aforementioned facts and circumstances, let petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the Court of learned Additional District & Sessions Judge-IInd CumSpecial-Judge Excise, Lakhisarai, in connection with Lakhisarai P.S. Case No. 249 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 adduce 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.

(Vinod Kumar Sinha, J) veena/- U