Patna High CourtCR. MISC./54744/2017bail granted

Dharmendra Prasad Yadav v. State Of Bihar And ANR

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

Patna High Court Cr.Misc. No.54744 of 2017 (2) dt.20-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54744 of 2017 Arising Out of PS.Case No. -446 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dharmendra Prasad Yadav, S/o Jimilal Prasad Yadav @ Jitendra Rai, Resident of Village- Agarwa, P.S.- Jitna, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India through the Commandant 20 Bn. S.S.B. Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 The petitioner seeks regular bail in connection with Ghorasahan (Jitna) P.S. Case No. 446 of 2017, registered for offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 183 litres of Nepali Saufi liquor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and in fact nothing has been recovered from his possession. Further petitioner has no criminal antecedent and has been in custody since 02.09.2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.54744 of 2017 (2) dt.20-11-2017 Having heard both sides, considering the facts and circumstances of the case, nature of allegation and period of custody, 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, Motihari, East Champaran, in connection with Ghorasahan (Jitna) P.S. Case No. 446 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