Shiv Shankar Kumar @ Shiv Shankar Chouhan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60329 of 2018 Arising Out of PS.Case No. -272 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Shiv Shankar Kumar @ Shiv Shankar Chouhan, aged about 21 Years.

2. Ajay Chouhan , aged about 23 Years, Both Sons of Sri Ram Chandra Chouhan @ Munardip Chouhan, Both are R/o Vill.- Bhutnath Road, Bahadurpur Housing Colony, P.S. & P.O.- Agamkuan, District- Patna.

3. Kamlesh Kumar, aged about 22 Years, S/o Indu Chaudhary, R/o Vill.- Bhutnath Road, Bahadurpur Housing Colony, P.S. & P.O.- Agamkuan, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sayed Imran Ghani For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.

The petitioners seek regular bail in connection with Excise Case No.272 of 2018 registered for offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016. of the Indian Penal Code.

Allegation against the petitioners is about recovery of 72 ltrs. of liquor from a vehicle.

Submission of the learned counsel for the petitioners is that they have no concern with the vehicle and they have no criminal antecedent. The petitioners are in custody since 4.8.2018. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.60329 of 2018 (2) dt.06-10-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, 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 Judge Excise, Gaya in connection with Excise Case No.272 of 2018.

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 themselves 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 their bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T