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Patna High CourtCR. MISC./42619/2017bail granted

Nathuni Paswan @ Nathuni Ram v. The State Of Bihar

2017-09-14Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.42619 of 2017 (2) dt.14-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42619 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Nathuni Paswan @ Nathuni Ram, S/o Sarvajeet Paswan, Resident of Village- Khalasapur, P.S.- Dinara, District- Rohtas, Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Saroj Kumar For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 The petitioner seeks regular bail in connection with Dinara P.S. Case No. 74 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(A), 35 and 38(A) of Bihar Prohibition and Control of Excise Act.

Allegation is of recovery of 95 litres of country made liquor.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R and has falsely been implicated in this case and nothing has been recovered from the petitioner and though it is alleged that the recovery has been made from the pickup, however, petitioner neither happens to be the owner of the vehicle nor the driver of the vehicle. Further petitioner has no

Patna High Court Cr.Misc. No.42619 of 2017 (2) dt.14-09-2017 criminal antecedent and has been in judicial custody since 26.06.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and period of custody, 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 Additional Sessions Judge -II -cum- Special Court Excise, Rohtas at Sasaram, in connection with Dinara P.S. Case No. 74 of 2017.

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