Ghan Shyam Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52971 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -DHANGAI District- BHOJPUR ====================================================== Ghan Shyam Nut son of Late Ram Janam Nut Resident of village Mithha, P.S. Dhangai, District Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Dhangai P.S.Case no.25 of 2017 registered for offences punishable under Sections 147, 148, 149, 188, 353, 307, 272, 273 of the Indian Penal Code and Section 30(a)/37(C )/56D of Bihar Excise Amendment Act, 2016.

Allegation against the petitioner is about recovery of 05 ltrs. of mahua liquor from the possession of the petitioner. Submission of the learned counsel for the petitioner the other family members is also living there so it can not be said that it has been recovered from his conscious possession. He has no criminal antecedent and he is in custody since 16.7.2017. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.52971 of 2017 (3) dt.22-11-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-4, Bhojpur at Ara in connection with Dhangai P.S.Case No.25 of 2017.

With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T