Patna High CourtCR. MISC./38002/2016bail granted

Binit Kumar @ Vinit Kumar And ORS v. The State Of Bihar

2016-10-24Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38002 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -NIRMALI District- SUPAUL ======================================================

1. Binit Kumar @ Vinit Kumar, S/o Sri Ashok Kumar , R/o Nirmali, P.S.- Nirmali, District- Supaul.

2. Narendra Kumar Yadav, S/o Jagdhar Yadav r/o Village- Mahua, P.S.- Nirmali, Dist.- Supaul.

3. Sonu Kumar @ Sonu Kumar Rai, S/o Shivnath R/o Village + P.S.- Sakhara, District Saptari (Nepal).

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Deepak Kumar, Advocate For the Opposite Party : Mr. Sri Jitendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-10-2016 Supplementary affidavit has been filed on behalf of the petitioners disclosing the criminal antecedent of petitioner no.2, let it be kept on record.

Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Nirmali P.S Case No. 73 of 2016 registered for the offence punishable under Section 47(a) New Excise Act.

Allegedly, about 119 liters of country made liquor was recovered from Sumo gold vehicle and the petitioners were apprehended. The petitioners are in custody since 01.07.21016 and

Patna High Court Cr.Misc. No.38002 of 2016 (3) dt.24-10-2016 2/2 from earlier they were not accused in Excise Act. In the facts and circumstances stated above, petitioners are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the learned S.D.J.M., Birpur, Supaul, in connection with Nirmali P.S Case No. 73 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.) Rajiv/- U T