Patna High CourtCR. MISC./47765/2017bail granted

Brajesh Kumar Singh v. The State Of Bihar

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

Patna High Court Cr.Misc. No.47765 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47765 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -MALI District- AURANGABAD ======================================================

1. Brajesh Kumar Singh, S/o Basudeo Singh, R/o Village- Lodipur, P.S. Mehandiya, District- Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioner seeks regular bail in connection with Mali P.S. Case No. 58 of 2017, registered for offences punishable under Sections 30(A)/38 of the Bihar Excise (Amendment) Act, 2016. Allegation is of recovery of 72 pieces of 375 ML, 94 pieces of 180 ML and 12 pieces of 750 ML of foreign liquor and 192 pieces of 500 ML beer.

It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from Bolero vehicle, which does not belong to petitioner. Petitioner has been in judicial custody since 24.07.2017 and though he is accused in one more case but that is not similar as the present one. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.47765 of 2017 (2) dt.12-10-2017 Having heard both sides, in view of the above facts, 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 7th Additional Sessions Judge cum Special Judge, Excise, Aurangabad, in connection with Mali P.S. Case No. 58 of 2017. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) 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