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Patna High CourtCR. MISC./23006/2017bail granted

Subodh Das v. The State Of Bihar

2017-05-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23006 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -BARAUNI District- BEGUSARAI ====================================================== Subodh Das, son of Sri Kiro Das, resident of Village Kaithma, P.S. Mufassil, Distt- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tarun Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Barauni (FCI) P.S.Case No. 28 of 2017 registered for the offences punishable under Sections 188 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation as per FIR is that a car was intercepted and four persons were apprehended on chase and 15 litres of liquor were recovered.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and, as a matter of fact, the petitioner is nearby villager and he is not among the apprehended persons and he is in custody for three months having clean antecedent.

Heard learned APP also.

Patna High Court Cr.Misc. No.23006 of 2017 (2) dt.15-05-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, 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, Begusarai, in connection with Barauni (FCI) P.S.Case No. 28 of 2017, 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 for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U