Patna High CourtCR. MISC./42686/2017bail granted

Subodh Kumar Rai And ORS v. The State Of Bihar

2017-09-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42686 of 2017 Arising Out of PS.Case No. -213 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================

1. Subodh Kumar Rai, Son of Wakil Rai, Resident of Village- Dharni Patti, Pashchimi Tola

2. Shiv Kumar Sahni Son of Rammsharan Sahni

3. Mukesh Kumar Rai, Son of Siya Ram Rai, All Resident of Village- Garhi Mohanpur, P.S. Patory, District- Samastipur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. S.N.P. Sinha, Sr.Advocate with Ms. Rashmi Bharti, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Patori Mohanpur (OP) P.S. Case No. 213 of 2017 registered for the offences punishable under Sections 30, 28 and 47 of Bihar Excise Act.

Allegation against the petitioners is of recovery of 14 litres of foreign liquor from the car.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and nothing has been recovered from their possession and they are in custody since 1.8.2017. Further submission is that petitioners Nos. 1 and 3 have no criminal antecedent and petitioner No.2 has another case but not of same nature.

Heard learned APP also.

Patna High Court Cr.Misc. No.42686 of 2017 (2) dt.14-09-2017 2/2 Having heard both sides and in view of facts and circumstances, let petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the 6th Additional District and Sessions Judge-cumSpecial Judge, Samastipur, in connection with Patori Mohanpur (OP) P.S. Case No. 213 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioners will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U