Nawal Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.38000 of 2017 (4) dt.24-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38000 of 2017 Arising Out of PS.Case No. -237 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Nawal Kumar son of Ramu Mahto.

2. Rohit Kumar son of Sanju Singh. Both Resident of Village- Namkum Jorar, P.S. Namkum, District- Ranchi (Jharkhand). .... .... Petitioners/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 The petitioners seek regular bail in connection with G.O. Case No. 237 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of altogether 42 litres of foreign liquor from the petitioners.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case only on the basis of suspicion and have no criminal antecedents and have been in judicial custody since 02.07.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that

Patna High Court Cr.Misc. No.38000 of 2017 (4) dt.24-08-2017 petitioners has no criminal antecedent and has remained in custody for more than one and half month, as such, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional A.D.J. - II- Cum- Special Judge, Excise, Nawada in connection with G.O. Case No. 237 of 2017.

It is made clear that if the petitioners again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T