Kanhaiya Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.45934 of 2017 (2) dt.19-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45934 of 2017 Arising Out of PS.Case No. -189 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ======================================================
1. Kanhaiya Singh, S/o Late Lavraj Singh, resident of Village- Darshan Chapra, P.S.- Udwantnagar, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioner seeks regular bail in connection with Excise Case No. 2222 of 2017, arising out of Udwantnagar P.S. Case No. 189 of 2017, registered for offences punishable under Sections 30() of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 40 litres of Mahua liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, he has sufficiently been punished for the said offence as he has been in judicial custody since 14.07.2017 and has no criminal antecedent. 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
Patna High Court Cr.Misc. No.45934 of 2017 (2) dt.19-09-2017 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 4th Additional District Judge, Bhojpur, Ara, in connection with Excise Case No. 2222 of 2017, arising out of Udwantnagar P.S. Case No. 189 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