Patna High CourtCR. MISC./34832/2017bail granted

Munna Rai And ANR v. The State Of Bihar

2017-08-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34832 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Rai, S/o Hakim Rai,

2. Mohan Kumar, S/o Awadh Prasad Yadav, Both R/o Village Barharwa Fatemohammad, P.S. Kundwachainpur District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Dhaka P.S.Case No.138 of 2017 registered for offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 34.2 ltrs. of nepali liquor form the possession of the petitioner.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, having no criminal antecedent and remained in custody for more than 3 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.34832 of 2017 (2) dt.03-08-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikarhana at Dhanka, East Champaran in connection with Dhaka P.S.Case No.138 of 2017 dated 25.4.2017.

With 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 co-operate 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 reason, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T