Patna High CourtCR. MISC./11769/2017bail granted

Munna Choudhary And ANR v. The State Of Bihar

2017-04-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11769 of 2017 Arising Out of PS.Case No. -119 Year- 2016 Thana -DURAULI District- SIWAN ======================================================

1. Munna Choudhary , Son of Toofani Choudhary,

2. Sunil Choudhary @ Chunnu Choudhary, Son of Toofani Choudhary, R/o Village- Darauli, P.S.- Darauli, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2017 Heard the parties.

This application has been filed in connection with Darauli P.S.Cae No.119 of 2016 for the offence under Sections 272, 273, 308, 420 and 34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that they have been arrested at the spot and there is alleged recovery of 30 ltrs. of country-made liquor. They have no criminal antecedent and they are in custody for more than two months.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that they have no criminal antecedent and they are in custody for more than two months, 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.11769 of 2017 (3) dt.04-04-2017 2/2 each with two sureties of the like amount each to the satisfaction of Sri M.K. Srivastava, A.C.J.M.-III, Siwan in connection with Darauli P.S.Case No.119 of 2016.

With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their 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 their bail.

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