Baldeo Dhanger v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53554 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Baldeo Dhanger Son of Late Prasad Dhanger Resident of Village-Dipau, P.S.-Kotwa, District-East-Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kotwa P.S.Case No.131 of 2016 registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47(a)(b) 53(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 28 ltrs. of liquor from the possession of the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, he has no criminal antecedent and he is in custody for about four months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.53554 of 2017 (3) dt.16-11-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge of Excise, Motihari, East Champaran in connection with Kotwa P.S.Case No.131 of 2016. With following conditions :

(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) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T