Patna High CourtCR. MISC./38308/2016bail granted

Santosh Kumar And ANR v. The State Of Bihar

2016-09-30Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.38308 of 2016 (2) dt.30-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38308 of 2016 Arising Out of PS.Case No. -156 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Santosh Kumar S/o Chandra Dev Mahton Resident of Village-Kapan, P.S- Bibhutipur, Distt- Samastipur

2. Raj Kumar S/o late Bahoran Mahton Resident of Village-Boriya, P.SBibhutipur, Distt- Samastipur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-09-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Bibhutipur P.S. Case No. 156 of 2016 registered for the offence punishable under Section 47 (a) of Bihar Excise (Amendment) Act, 2016.

Allegedly, from possession of both the petitioners 15 bottles of foreign liquor each containing 750 ml. were recovered on 03.07.2016 and the petitioners are in custody since 04.07.2016. In the facts and circumstances stated above, considering the period of detention, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.38308 of 2016 (2) dt.30-09-2016 satisfaction of the learned A.C.J.M. III, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 156 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T