Paro Kaur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45554 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -BALRAMPUR District- KATIHAR ======================================================
1. Paro Kaur, D/o Late Jogendra Singh, resident of Village- Laxmipur, P.S. Barari, District- Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46190 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -BALRAMPUR District- KATIHAR ====================================================== Nikhil Kumar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.45554 of 2017) For the Petitioners/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Jagdhar Prasad (In Cr.Misc. No.46190 of 2017) For the Petitioners/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 As both the above mentioned cases arise out of same P.S. Case No., they are clubbed together and are being decided by this single order, for the sake of convenience.
The petitioners seek regular bail in connection with Balrampur P.S. Case No. 113 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
Allegation is of recovery of 36 litres of foreign liquor. It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and the vehicle from which alleged recovery was made does not belong to the petitioners rather the same belong to co-accused of this case. Further petitioners have no criminal antecedent and have been in judicial custody since 20.06.2017.
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 petitioners has no criminal antecedent, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-Cum Special Judge, Excise Act, Katihar, in connection with Balrampur P.S. Case No. 113 of 2017.
(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) It is made clear that if the petitioners again
found involved in any of the like offences, in future, prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T