Patna High CourtCR. MISC./55005/2017bail granted

Gandhi Kumar v. The State Of Bihar

2017-11-20Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.55005 of 2017 (2) dt.20-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55005 of 2017 Arising Out of PS.Case No. -474 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Gandhi Kumar Son of Rajendra Prasad Resident of Village - Usari, P.O. Akorhi, P.S. Mohania, District Kaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Garg For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 The petitioner seeks regular bail in connection with Mohania P.S. Case No. 474 of 2017, registered for offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of five bottles of foreign liquor each containing 750 ML.

It has been submitted on behalf of the petitioner that recovery has been made from three persons and one of them has already been enlarged on bail by a coordinate Bench of this Court vide order dated 09.11.2017 passed in Cr. Misc. No. 52017 of 2017 and petitioner has been in custody since 04.09.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.55005 of 2017 (2) dt.20-11-2017 circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent and other co-accused has already been enlarged on bail, 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 4th Additional Sessions Judge, Kaimur at Bhabhua, in connection with Mohania P.S. Case No. 474 of 2017, subject to the condition that:- (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