Patna High CourtCR. MISC./48787/2017bail granted

Dharmendra Kumar v. The State Of Bihar

2017-10-12Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.48787 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48787 of 2017 Arising Out of PS.Case No. -162 Year- 2017 Thana -BHAGALPUR RAIL P.S. DistrictBHAGALPUR ======================================================

1. Dharmendra Kumar Son of Baleshwar Chauhan Resident of villageBihta, P.S.- Pakri Barama, District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioner seeks regular bail in connection with Bhagalpur Rail P.S. Case No. 162 of 2017, registered for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Amendment Act, 2016.

Allegation is of recovery of about 28 litres of foreign as well as country made liquor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has nothing to do withi the seized liquor, he was only the passenger in train and he has no criminal antecedent and has been in judicial custody since 12.08.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.48787 of 2017 (2) dt.12-10-2017 circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent, 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 Special Judge - Excise Act, Bhagalpur, in connection with Bhagalpur Rail P.S. Case No. 162 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