Fanfan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29317 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ======================================================

1. Fanfan Singh S/o Nirmal Singh resident of vill - Khilwat, P.S. - Bidupur, Dist - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmesh Kumar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Ganga Bridge P.S.Case No.18 of 2017, registered for offences punishable under Sections 30(A) and 35(A) of Bihar Prohibition Act, 2016.

Allegation against the petitioner is that a Pick-Up Van was intercepted and from that Pick-Up Van 369 ltrs. of foreign liquor have been recovered.

Submission of the learned counsel for the petitioner is that he is only Driver of the Pick-Up Van and another co-accused has disclosed that the recovered articles are of Chotan Rai. Further submission is that the petitioner is in custody for more than five months and there was no similar type of cases earlier against him.

Patna High Court Cr.Misc. No.29317 of 2017 (3) dt.25-07-2017 2/2 The petitioner is in custody for more than five months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned C.J.M., Vaishali at Hajipur in connection with Ganga Bridge P.S.Case No.18 of 2017 registered U/S 30(a), 35(A) of Bihar Prohibition Excise Act, 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate 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, otherwise, his bail bond shall be cancelled.

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