Patna High CourtCR. MISC./44302/2017bail granted

Aftab v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44302 of 2017 Arising Out of PS.Case No. -275 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Aftab, son of Shekh Rafique Ahmad, R/o Mohalla-Kazipura, P.S.-Sasaram, District-Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sasaram (Darigaon) P.S.Case No. 275 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Excise Act.

Allegation is of recovery of 3,642 litres of liquor. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been recovered from his possession, rather recovery has been made from a truck lying in the land of co-accused and co-accused has been granted bail by the court below and he is in custody since 17.8.2017 having no criminal antecedent.

Heard learned APP also.

Having heard both sides and in view of facts and

Patna High Court Cr.Misc. No.44302 of 2017 (2) dt.15-09-2017 2/2 circumstances and no doubt, there is recovery of huge quantity of liquor but co-accused has been granted bail, let petitioner, above named, 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 Additional Sessions JudgeII-cum-Special Judge, Excise Act, Rohtas at Sasaram, in connection with Sasaram (Darigaon) P.S.Case No. 275 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U