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Patna High CourtCR. MISC./41803/2017bail granted

Amit Kumar And ANR v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.41803 of 2017 (2) dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41803 of 2017 Arising Out of PS.Case No. -124 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Amit Kumar, Son of Omprakash Pandey, R/o Village- Dhangarha, P.S.- Dumariaghat, District- East Champaran.

2. Chandan Kumar Gupta @ Chandan Kumar Son of Mangal Pd. Gupta, R/o Village- Suryapur, P.S.- Piprakothi, District- East Champaran. .... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 The petitioners seek regular bail in connection with Piprakhothi P.S. Case No. 124 of 2017, registered for offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 17 litres and odd foreign liquor from the petitioners.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case. Moreover, they have sufficiently been punished for the alleged offence as they have been in judicial custody since 22.06.2017 and have no criminal antecedents.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.41803 of 2017 (2) dt.11-09-2017 Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that petitioners have no criminal antecedent and have remained in custody for two and half months, 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 Special Judge, Excise, Motihari, East Champaran, in connection with Piprakhothi P.S. Case No. 124 of 2017.

It is made clear that if the petitioners again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T