Subodh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.44371 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44371 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -GAURICHAK District- PATNA ======================================================

1. Subodh Singh Son of Ram Udgar Singh, R/o Village- Hunder, P.S.- Gaurichak, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Singh For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Gaurichak P.S.Case No.73 of 2017 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner as per FIR is about recovery of 235 ltrs. of liquor.

Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner rather from the co-accused and his name has appeared on confession of the co-accused. The petitioner has remained in custody for about 01 months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44371 of 2017 (2) dt.15-09-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned Special Judge, Excise Act, Civil Court, Patna in connection with Gaurichak P.S.Case No.73 of 2017. (Spl. case No.1078 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 on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T