Dilip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6369 of 2017 Arising Out of PS.Case No. -83 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Dilip Sah, son of Mahendra Sah, R/o Village-Olipur, P.S.-Runnisaidpur, District-Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Alok Kumar Alok with Mr. Santosh Kumar, Advocates For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Runnisaidpur P.S.Case No. 83 of 2015 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47(a) of Bihar Excise Amendment Act.

It has been submitted on behalf of the petitioner that there is alleged recovery of liquor manufacturing articles as well as wine but that is not from the possession of the petitioner, rather the same has been recovered from the possession of other accused person and the petitioner has remained in custody since 2.1.2017. Heard learned APP also.

Having heard both sides and considering the fact that other co-accused persons having similar allegation have been granted bail by this Court in Cr.Misc.No.33992 of 2016 and

Patna High Court Cr.Misc. No.6369 of 2017 (3) dt.16-02-2017 2/2 Cr.Misc.No.9320 of 2016 vide orders dated 27.9.2016 and 5.4.2016 respectively, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S.Case No. 83 of 2015, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate 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 reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U