Patna High CourtCR. MISC./47682/2017bail granted

Prabhu Kushwaha v. The State Of Bihar

2017-10-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47682 of 2017 Arising Out of PS.Case No. -313 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Prabhu Kushwaha, son of Late Ramprit Kushwaha, resident of village- Rani Pakadi, P.S.- Bettiah Muffasil, District- West Champaran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bettiah Muffasil P.S. Case No. 313 of 2017 registered for the offences punishable under Sections 35, 38 and 41 of Bihar Prohibition and Excise Act.

Allegation against the petitioner is of recovery of 27 litres of liquor from vehicle and petitioner is named in the FIR. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and he has not been arrested at the spot. Further submission is that he is in custody for about two months having no criminal antecedent. Heard learned APP also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.47682 of 2017 (2) dt.12-10-2017 2/2 circumstances, as stated above, let the petitioner, above named, be released 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 Special Judge, Excise Act, West Champaran at Bettiah, in connection with Bettiah Muffasil P.S. Case No. 313 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) If involvement of the petitioner in such type of cases is found in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U