Patna High CourtCR. MISC./49099/2017bail granted

Tinku Kumar @ Tinku Kumar Sah @ Tinku Sah v. The State Of Bihar

2017-10-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49099 of 2017 Arising Out of PS.Case No. -228 Year- 2017 Thana -BAJPATTI District- SITAMARHI ====================================================== TINKU KUMAR @ TINKU KUMAR SAH @ TINKU SAH, S/o Sri Jai Kishan Sah, R/o Village- Raghunathpur, P.S.- Bajpatti, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bajpatti P.S. Case No. 228 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(A) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 245 litres of liquor from the house of co-accused Manish Kumar Rai, who disclosed the name of the petitioner and others.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been recovered from his possession and he is accused in another case but not of similar nature. Further submission is that he is in custody for more than one month.

Patna High Court Cr.Misc. No.49099 of 2017 (2) dt.13-10-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Bajpatti P.S. Case No. 228 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) If involvement of the petitioner in such type of cases is found in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U