Patna High CourtCR. MISC./48475/2017bail granted

Aatmadeo Kumar @ Uttam Kumar And ANR v. The State Of Bihar

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

Patna High Court Cr.Misc. No.48475 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48475 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -DHIBRA District- AURANGABAD ======================================================

1. Aatmadeo Kumar @ Uttam Kumar Son of Janeshwar Yadav, Resident of Village-Vanmajhauli, P.S. Dubra District Aurangabad.

2. Manish Kumar Yadav Son of Bhatar Yadav, Resident of Village-Simra, P.S. Simra, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioners seek regular bail in connection with Dhibara P.S. Case No. 15 of 2017, registered for offences punishable under Sections 30(A) and 38 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 80 litres of mahua liquor. It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and have no criminal antecedent. Moreover, they have sufficiently been punished for the said offence as the have been in judicial custody since 13.08.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of

Patna High Court Cr.Misc. No.48475 of 2017 (2) dt.12-10-2017 recovery and 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 7th Additional Sessions Judge-cum-Specila Judge, Aurangabad, in connection with Dhibara P.S. Case No. 15 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