← Library
Patna High CourtCR. MISC./35867/2017bail granted

Manoj Kumar v. The State Of Bihar

2017-08-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35867 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -PIPRAHI District- SHEOHAR ======================================================

1. Manoj Kumar, son of Anat Sah, Resident of Village- Dhankaul, P.S.- Piprahi, District- Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Piprahi P.S.Case No.100 of 2017 , registered for offences punishable under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Allegation against the petitioner is about recovery of 250 ml. of liquor from the possession of the petitioner. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. The petitioner has no criminal antecedent and he has remained in custody for about 4 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.35867 of 2017 (2) dt.09-08-2017 2/2 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 1st Additional District & Sessions Judge-cum-Special Judge, Sheohar in connection with Piprahi P.S.Case No.100 of 2017 dated 23.6.2017.

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