Lalo Ram And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.48994 of 2017 (2) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48994 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -KORMA District- SEKHPURA ======================================================

1. Lalo Ram, S/o Banke Ram,

2. Bacchu Ram S/o Banke Ram, null

3. Lalan Ram S/o Garib Ram @ Gariban Ram, All R/o Ghat Kusumbha, P.S.- Korma, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard the parties.

The petitioners seek regular bail in connection with Excise Case no.332 of 2017 arising out of Korma P.S.Case no.07 of 2016 registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is about recovery of 20 ltrs. of country-made liquor. The petitioners are named in the FIR.

Submission of the learned counsel for the petitioners is that the recovery is from the bank of the river and nothing has been recovered from the possession of the petitioners. The petitioners have no criminal antecedent and they have remained in custody since 11.9.2017.

Patna High Court Cr.Misc. No.48994 of 2017 (2) dt.13-10-2017 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Addl. District and Sessions Judge, Sheikhpura in connection with Excise Case no.332 of 2017 arising out of Korma P.S.Case No.07 o 2016.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bond shall be cancelled.

(iv) If their active participation is found in such type of cases in future, their bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

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