Patna High CourtCR. MISC./54052/2017bail granted

Subodh Singh v. The State Of Bihar

2017-11-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54052 of 2017 Arising Out of PS.Case No. -560 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================

1. Subodh Singh son of Lalan Singh resident of Village- Tika Bigha Bhojwar Bagicha, P.S.- Bodh Gaya, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kr. Sinha For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bodhgaya P.S.Case no.560 of 2017 registered for offences punishable under Sections 30(D) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of one quintal of Mahua and 25 kg. of 'Gud' from the possession of the petitioner.

Submission of the learned counsel for the petitioner is that the articles were kept for cattle feeding. He has no criminal antecedent. He is in custody for more than 1 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.54052 of 2017 (2) dt.15-11-2017 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 Special Excise Judge, Gaya in connection with Bodh Gaya P.S.Case No.560 of 2017 dated 24.09.2017. 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