Patna High CourtCR. MISC./43715/2017bail granted

Shivamtullah @ Shivamtullah Mian v. The State Of Bihar

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

Patna High Court Cr.Misc. No.43715 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43715 of 2017 Arising Out of PS.Case No. -247 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shivamtullah @ Shivamtullah Mian Son of Hafiz Mian @ Hafiz Ansari, Resident of Village-Dudhahi Madarasha Tola, Ward No. 13 Police Station Harsidhi, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lalan Kumar Verma, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 The petitioner seeks regular bail in connection with Harisidhi P.S. Case No. 247 of 2017, registered for offences punishable under Sections 30(A) and 38(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 635 litres of country made 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 rather the recovery has been made from bathan of co-accused of this case. Further petitioner has no criminal antecedent and has been in judicial custody since 25.06.2017.

Patna High Court Cr.Misc. No.43715 of 2017 (2) dt.20-09-2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and 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 Court, Excise, Motihari, East Champaran, in connection with Harisidhi P.S. Case No. 247 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