Monu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34499 of 2017 Arising Out of PS.Case No. -87 Year- 2017 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Monu Kumar, Son of Bhim Singh, R/o Somdatt Colony Lakra Khanda Near of Durga Mandir, P.S.- Bokaro, District- Bokaro.

2. Sanjay Bhuiyan Son of Keshav Bhuiyan, R/o L.H. More, P.S.- Bokaro, District- Bokaro (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jainendra Kumar For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 The petitioners seek regular bail in connection with Barahiya P.S. Case No. 87 of 2017, registered for offences punishable under Section 272, 273 of the Indian Penal Code and Section 30(a), 32(b) and 38(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is of recovery of 495.72 litres of foreign lliquor.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case. Moreover other coaccused having similar allegation has already been granted bail by this Court vide order dated 10.07.2017, passed in Criminal Miscellaneous No. 30640 of 2017 and petitioner has been in

Patna High Court Cr.Misc. No.34499 of 2017 (2) dt.27-07-2017 2/3 judicial custody since 08.05.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that other co-accused has already been granted bail by 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 District & Sessions Judge, -II, cum Special Judge, Lakhisarai, in connection with Barahiya P.S. Case No. 87 of 2017, subject to the following conditions:- (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) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any

Patna High Court Cr.Misc. No.34499 of 2017 (2) dt.27-07-2017 3/3 genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T