Patna High CourtCR. MISC./60615/2018bail granted

Madan Sahni v. The State Of Bihar

2018-10-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60615 of 2018 Arising Out of PS.Case No. -258 Year- 2018 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Madan Sahni S/o Late Bhikhan Sahni, R/o Vill.- Mirjapur, P.S.- Tajpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Tajpur P.S.Case No.258 of 2018 registered for offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) and 38(i), (ii) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 07.500 ml. of the liquor from the possession of the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and he has no criminal antecedent. He is in custody since 28.8.2018. 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.60615 of 2018 (2) dt.06-10-2018 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 Additional Sessions Judge 6th -cum-Special Judge Excise Act, Samastipur District Samastipur in connection with Tajpur P.S.Case No.258 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 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