Patna High CourtCR. MISC./19954/2017bail granted

Upendra Rishi And ANR v. The State Of Bihar

2017-05-05Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.19954 of 2017 (2) dt.05-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19954 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Upendra Rishi, Son of Late Kartik Rishi,

2. Nakul Rishi @ Dablu Rishi, Son of Mahgu Rishi, Both Resident of Village- Banbhag Mushahri Tola, P.S.- K. Nagar, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhish Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-05-2017 The petitioners are in custody since 21.02.2017 in connection with Special P.S. Case No. 193 of 2017, arising out of K. Nagar P.S. Case No. 74 of 2017 registered for offences punishable under Sections 272 and 273 Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 40 litres of wine from the house of petitioner no. 1 and 50 litres of wine of from the house of petitioner no. 2.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case. Moreover, petitioners have sufficiently been punished for the said offence as they have been languishing in judicial custody since 21.02.2017 and have no criminal antecedents.

Patna High Court Cr.Misc. No.19954 of 2017 (2) dt.05-05-2017 Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, nature of offence, period of custody and also that the petitioners have no criminal antecedents, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd ADJ-cum- Special Judge, Purnea, in connection with Special P.S. Case No. 193 of 2017, arising out of K. Nagar P.S. Case No. 74 of 2017.

It is also clear that if the petitioners again found involved in any of such offences, in future, prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T