Arjun Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51314 of 2018 Arising Out of PS.Case No. -372 Year- 2017 Thana -CHAPRA TOWN District- SARAN ======================================================
1. Arjun Kumar, S/o Lalji Mahto,
2. Binay Kumar S/o Late Dadan Mahto, Both are R/o Vill.- Newaji Tola, P.S.- Rivilganj, District- Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 The petitioners are apprehending their arrest in connection with Chapra Town P.S. Case No. 372 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act 2016.
Allegation as per F.I.R. is of recovery of 40 litres of Mahua liquor.
It has been submitted on behalf of the petitioners that the recovery has been made on the information supplied by the spy from the bed of river, however, the petitioners have no concern with the allege recovery and have falsely been made accused in thi case and they have no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or
Patna High Court Cr.Misc. No.51314 of 2018 (2) dt.14-09-2018 2/2 surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J- VI -cum-Special Judge, Excise, Saran, Chapra in connection with Chapra Town P.S. Case No. 372 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T