Chhatu Ram @ Chhatu Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60764 of 2018 Arising Out of PS.Case No. -142 Year- 2018 Thana -PUNPUN District- PATNA ======================================================

1. Chhatu Ram @ Chhatu Rai, aged 40 years, S/o Late Ram Lal Ray,

2. Chhote Lal Ray, aged 50 years, S/o Late Beni Ray, Both resident of Village- Etwarpur, P.S. Parsa Bazar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satrudhan Kumar For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 Heard the parties.

The petitioners seek regular bail in connection with Punpun P.S.Case NO.142 of 2018, Special Case No.5134 of 2018 registered for offences punishable under Sections 273 of the Indian Penal Code and Section 30of the Bihar Prohibition Excise Act, 2016 .

Allegation against the petitioners is about recovery of 50 ltrs. of liquor from the vehicle.

Submission of the learned counsel for the petitioners is that the petitioner no.1 is the driver and the petitioner no.2 is the passenger and they have nothing to do with the seized articles and they have no criminal antecedent. They are in custody for more than four months. The chargesheet has already been submitted.

Patna High Court Cr.Misc. No.60764 of 2018 (2) dt.08-10-2018 2/2 Heard learned A.P.P. also.

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) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna, in connection with Punpun P.S.Case nO.5134 of 2018. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners 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