Patna High CourtCR. MISC./44760/2017bail granted

Mukesh Kumar v. The State Of Bihar

2017-09-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44760 of 2017 Arising Out of PS.Case No. -223 Year- 2017 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Mukesh Kumar, Son of Chandeshwar Prasad, Resident of Village Jamla Fulkahan, P.S. Kanti (Panapur O.P.), District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Mithanpura P.S.Case No.223 of 2017 dated 22.7.2017 G.R.No.336 of 2017, registered for offences punishable under Sections 290, 420, 379, 120(B), 34, 467, 468 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of two bottles of 375 ml. each of liquor.

Submission of the learned counsel for the petitioner is that the petitioner is accused in one more case but it is not of similar type and the petitioner in on bail in that case. The petitioner has remained in custody since 22.7.2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44760 of 2017 (2) dt.15-09-2017 2/2 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 3rd Addl. Sessions Judge-cum-Spl. Judge, Muzaffarpur in connection with Mithanpura P.S.Case No.223 of 2017 dated 22.7.2017 G.R.No.336 of 2017. 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, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T