Md. Mohit And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47997 of 2017 Arising Out of PS.Case No. -165 Year- 2017 Thana -BARGANIA District- SITAMARHI ======================================================
1. Md. Mohit, Son of Late Sahabuddin Miya, R/o Village- Marapa Kothi, P.S.- Bairgania, District- Sitamarhi (Bihar).
2. Sudhan Manjhi, Son of Late Chalitar Manjhi, R/o Village- Jirati Tola Jamua, P.S.- Bairgania, District- Sitamarahi (Bihar). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ranvijay Singh For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioners.
This is an application for bail in connection with Bairgania P.S. Case No. 165 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(A), 37(C) and 41 of Bihar Prohibition and Excise Act. Allegation is of recovery of 10 litres of liquor from petitioner No.1 and 11.4 litres from petitioner No.2. Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and they are in custody for three 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.47997 of 2017 (2) dt.12-10-2017 2/2 circumstances, as stated above, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IIcum-Special Judge, Excise Act, Sitamarhi, in connection with Bairgania P.S. Case No. 165 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 petitioners in such type of cases is found in future, their bail bonds shall be cancelled.
(Vinod Kumar Sinha, J) spal/- U