Arvind Kumar Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.44786 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44786 of 2017 Arising Out of PS.Case No. -140 Year- 2017 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Arvind Kumar Singh, Son of Yogendra Singh, resident of village - Sonepur, dear - Beyasi Namberi, P.S. Kotwali ( Baliya), District, Baliya. U.P 2.

Harendra Yadav, Son of Vikrama Yadav, resident of village Rampur, Sheopur dear beyasi, P.S. Kotwali ( Baliya), District, Baliya 3.

Jyoti Prakash Singh, son of Awadbihari Singh, resident of village - Sonepur, dear - Beyasi Namberi, P.S. Kotwali ( Baliya), District, Baliya, U.P.

.... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioners seek regular bail in connection Buxar Industrial P.S. Case No. 140 of 2017, registered for offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(A) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 165 litres of country made liquor from a vehicle.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this and they were only the passengers of the vehicle from which alleged recovery was made. Further petitioners have no criminal antecedent and have been in

Patna High Court Cr.Misc. No.44786 of 2017 (2) dt.15-09-2017 judicial custody since 02.08.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, period of custody and also that petitioners have 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 A.D.J.-II- Cum- Special Judge, Excise Act, Buxar, in connection with Industrial P.S. Case No. 140 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