Patna High CourtCR. MISC./43777/2017bail granted

Seraj Khan @ Seraj v. The State Of Bihar

2017-09-20Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.43777 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43777 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Seraj Khan @ Seraj Son of Naimul Haque, R/o Village- Rajanpura, P.S.- M.H. Nagar, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 The petitioner seeks regular bail in connection with Hussainganj (M.H.) Nagar P.S. Case No. 44 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 41(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 210 litres of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and nothing has been recovered from his possession or from his house and he has been named in this case by co-accused and that co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 21.08.2017 passed in Cr. Misc. No. 38604 of 2017, and petitioner has no criminal antecedent and he has been in judicial

Patna High Court Cr.Misc. No.43777 of 2017 (2) dt.20-09-2017 custody since 25.06.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and as other co-accused has already been granted bail by a coordinate Bench of this Court, as such, 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 District Judge -II, Siwan, in connection with Hussainganj (M.H.) Nagar P.S. Case No. 44 of 2017. (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) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T