Patna High CourtCR. MISC./55043/2017bail granted

Rahul Kumar Kesri v. The State Of Bihar

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

Patna High Court Cr.Misc. No.55043 of 2017 (2) dt.20-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55043 of 2017 Arising Out of PS.Case No. -340 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================

1. Rahul Kumar Kesri Son of Bijay Prasad Kesri Resident of Village - Chotki Sarimpur, P.S. - Buxar (T), District - Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sudhir Kumar Singh For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 The petitioner seeks regular bail in connection with Brahmpur P.S. Case No. 340 of 2017, registered for offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 190 litres of foreign liquor from a vehicle and the petitioner is a driver. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and he only happens to be the driver of the said vehicle, in which two other persons were also sitting but they succeeded in fleeing away. Further petitioner has no criminal antecedent and has been in judicial custody since 16.10.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.55043 of 2017 (2) dt.20-11-2017 Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent, 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 ADJ-II cum Special Judge, Excise, Buxar, in connection with Brahmpur P.S. Case No. 340 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