Patna High CourtCR. MISC./63077/2018bail granted

Sona Devi And ANR v. The State Of Bihar

2018-10-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63077 of 2018 Arising Out of PS.Case No. -99 Year- 2018 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Sona Devi W/o Sri Bageri Manjhi

2. Raju Singh S/O Late Nanhu Singh Both resident of village Shekhwara, P.S. Magadh University, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Magadh University P.S.Case no.99 of 2018 dated 22.8.2018 registered for offences punishable under Sections 30(d), 32(2) of Bihar Excise Prohibition Amendment Act, 2016 .

Allegation against the petitioner about recovery of 40 kg. of Mahua flower each from seven accused persons and from the petitioner there is recovery of 40 kg. of Mahua flower each. Submission of the learned counsel for the petitioners is that they have no criminal antecedent and they are in custody since 23.8.2018 Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.63077 of 2018 (2) dt.12-10-2018 2/2 Having heard both sides and in view of the facts and 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 Judge, Excise, Gaya in connection with Magadh University P.S.Case No.99 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