Patna High CourtCR. MISC./15260/2017bail granted

Md. Samsher @ Md. Shamsher v. The State Of Bihar

2017-03-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15260 of 2017 Arising Out of PS.Case No. -596 Year- 2016 Thana -KHAZANIHAT District- PURNIA ====================================================== Md. Samsher @ Md. Shamsher Son of Sekh Tamij Resident of Singrouli, P.S. K. Hat (Madhubani), District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard the parties.

This application has been filed in connection with K.Hat (Madhubani) P.S.Case No.596 of 2016 for the offence under Section 30 of Bihar Excise Act, 2016.

It is submitted on behalf of the petitioner that there is alleged recovery of 30 ltrs. of english wine from the Tempo of the petitioner and he is Driver of the said Tempo. The petitioner has remained in custody for more than three months and he has clean antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of clean antecedent of the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand)

Patna High Court Cr.Misc. No.15260 of 2017 (2) dt.30-03-2017 2/2 with two sureties of the like amount each to the satisfaction of C.J.M., Purnea in connection with K. Hat (Madhubani) P.S.Case No.596 of 2016 dated 19.12.2016.

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 on the event of failure on his part 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T