Raunak Miyan v. The State Of Bihar

Patna High Court Cr.Misc. No.42420 of 2017 (2) dt.14-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42420 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Raunak Miyan, Son of Sahud Khan, Resident of Mohalla- Faizabad, P.S.- Barbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 The petitioner seeks regular bail in connection with Excise Case No. 577 of 2017, arising out of Barbigha P.S. Case No. 30 of 2017, registered for offences punishable under Section 30(a) of the Bihar Excise and Prohibition Act, 2016 Allegation is of recovery of 432 bottles each containing 375 M.L. of foreign liquor from the community hall. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and nothing has been recovered either from the conscious possession of the petitioner or from his house rather the recovery has been made from a community hall. Further petitioner has no criminal antecedent and has been in judicial custody since 25.07.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.42420 of 2017 (2) dt.14-09-2017 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J, Sheikhpura, in connection with Excise Case No. 577 of 2017, arising out of Barbigha P.S. Case No. 30 of 2017, subject to the 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 to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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