Bisheshwar Goar @ Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53976 of 2017 Arising Out of PS.Case No. -268 Year- 2017 Thana -BIHIYA District- BHOJPUR ======================================================

1. Bisheshwar Goar @ Gond, S/o Bhikhari Goar @ Gond resident of Village- Pokhara Par, Behea, P.S. Behea, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Tej Pratap Singh For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Behea P.S.Case no.268 of 2017 registered for offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 78 ltrs. of liquor from the motorcycle and two persons were arrested and petitioner and one co-accused succeeded in fleeing away. 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 2 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be

Patna High Court Cr.Misc. No.53976 of 2017 (2) dt.15-11-2017 2/2 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 A.D.J., Ara in connection with Behea P.S.Case No.268 of 2017.

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