Botal Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57268 of 2017 Arising Out of PS.Case No. -201 Year- 2017 Thana -KOILWAR District- BHOJPUR ======================================================
1. Botal Paswan.
2. Sudama Paswan.
Both sons of Jagdish Paswan, Resident of Village- Suraudha Toka, P.S. Koilwar, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate. For the Opposite Party/s : Md. Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Koilwar P.S. Case No. 201 of 2017 instituted for the offence under Sections 30(a) of Bihar Excise (Amendment) Act, 2016.
The informant on receiving information that illicit liquour is being sold near Sone river, a team of police party was constituted for raid and proceeded towards Sone river. On seeing the police party some persons started running away. The chowkidar disclosed the name of these petitioners to the police party.
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.57268 of 2017 (2) dt.07-12-2017 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Koilwar P.S. Case No. 201 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T