Patna High CourtCR. MISC./45769/2017bail granted

Sunil Kumar Yadav And ANR v. The State Of Bihar

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

Patna High Court Cr.Misc. No.45769 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45769 of 2017 Arising Out of PS.Case No. -196 Year- 2016 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Sunil Kumar Yadav, Son of Vijay Gope, R/o Village- Nawada Vasti, P.S.- Telaiya, District- Koderma (Jharkhand).

2. Sabai Singh @ Vikki @ Sebai Singh Son of Gajai Singh, R/o VillageBajrang Nagar, P.S.- Telaiya, District- Koderma (Jharkhand). .... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioners seek regular bail in connection with Muffasil P.S. Case No. 196 of 2016, registered for offences punishable under Sections 120(B)/34 of the Indian Penal Code and Section 30(a)/38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of about 42 litres of liquor. It has been submitted on behalf of the petitioners that he has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner. Further he has been in judicial custody since 19.04.2017 and other co-accused persons have already been granted bail by this Court vide order dated 07.03.2017 passed in Cr. Misc. No. 10988 of 2017 and vide order dated 03.07.2017 passed in Cr. Misc. No. 28914 of 2017 and so far one criminal antecedent is concerned, he is on bail in that

Patna High Court Cr.Misc. No.45769 of 2017 (2) dt.19-09-2017 case.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also that other co-accused persons have already been granted bail by coordinate Benches of this Court, as such, 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 Additional Sessions Judge -II- Cum Special Judge, Nawada, in connection with Muffasil P.S. Case No. 196 of 2016.

(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