Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34302 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -NADI NAINAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Golu Kumar, Son of Prabhu Yadav, Resident of village- Nainaha, P.S. Nadi, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhishek Kumar Smt. Rashmi Jha For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 The petitioner seeks regular bail in connection with Nadi P.S. Case No. 27 of 2017, registered for offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 21.4 litres of Nepali wine. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and nothing has been recovered from his conscious possession. Moreover, there is allegation of recovery of only 21.4 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.

Patna High Court Cr.Misc. No.34302 of 2017 (2) dt.26-07-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and 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 ASpecial Judge, Excise Act, West Champaran, Bettiah, in connection with Nadi P.S. Case No. 27 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

Patna High Court Cr.Misc. No.34302 of 2017 (2) dt.26-07-2017 3/3 prosecution is free to move for cancellation of his bail.

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