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Patna High CourtCR. MISC./35706/2017bail granted

Lal Man Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35706 of 2017 ======================================================

1. Lal Man Singh Son of Late Daroga Singh, R/o Village- Anwal Ke Tola Belwan, P.S.- Kopa, District- Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 The petitioner is in custody since 10.05.2017 in connection with Kopa P.S. Case No. 50 of 2017, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation as per F.I.R. is that on disclosure of one co-accused, 138.24 litres of foreign liquor have been recovered from the Bathan of Birendra Singh and the petitioner. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case and further co-accused, Birendra Singh, having similar allegation, has already been granted bail by a co-ordinate Bench of this Court vide order dated 07.07.2017passed in Cr. Misc. No. 30802 of 2017 and the petitioner is rotting in custody for about three months. Heard learned A.P.P. also.

Having heard both the sides and in view of the above

Patna High Court Cr.Misc. No.35706 of 2017 (2) dt.08-08-2017 2/2 fact that the other co-accused person has been granted bail by this Court, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Chapra, District- Saran, in connection with Kopa P.S. Case No. 50 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 cooperate 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 two appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J.) brajesh/- U T