Patna High CourtCR. MISC./44894/2017bail granted

Chandan Patel v. The State Of Bihar

2017-09-13Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44894 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Chandan Patel, Son of Uma Shankar Singh, Resident of Village- Chitaw, Police Station- Dinara, District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard the parties.

The petitioner seeks regular bail in Barachatti P.S. Case No.71 of 2017 registered for the offence under Sections 30(a), 32(2),38 and 47 of the Bihar Prohibition and Excise Act.

Earlier prayer for bail of the petitioner was rejected vide order, as contained in Annexure-1 to this petition with observation to renew his prayer for bail after completion of three months in custody.

Submission of the learned counsel for the petitioner is that neither he is the owner of the truck nor

Patna High Court Cr.Misc. No.44894 of 2017 (2) dt.13-09-2017 2/3 he was present at the time of seizure and he remained in custody for 3 1⁄2 months having no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, and the petitioner is ready to abide by the conditions imposed upon him, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Special Excise Judge, in Barachatti P.S. Case No.71 of 2017 subject to the conditions that (1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In 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

Patna High Court Cr.Misc. No.44894 of 2017 (2) dt.13-09-2017 3/3 cancelled.

(Vinod Kumar Sinha, J) AnilKrSin/-