Prakash Kumar Yadav And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.46248 of 2017 (2) dt.19-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46248 of 2017 Arising Out of PS.Case No. -145 Year- 2017 Thana -ANDER District- SIWAN ======================================================
1. Prakash Kumar Yadav son of Nand Kumar Yadav, resident of village Kanhauli, P.S. Darauli, District Siwan.
2. Prabhat Kumar Singh, son of Munna Kumar Singh, resident of village Krisupali, P.S. Darauli, District Siwan.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 Heard the parties.
The petitioners seek regular bail in connection with Ander P.S.Case No.145 of 2017 registered for offences punishable under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioners is about recovery of 100 pieces of bottle containing 180 ml. each and another 92 pieces of 180 ml. each liquor.
Submission of the learned counsel for the petitioners is that the petitioner has been falsely implicated in this case. The petitioners have no criminal antecedent and he is in custody since 17.7.2017.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.46248 of 2017 (2) dt.19-09-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 2nd-cum-Special Judge, Siwan in connection with Ander P.S.Case No.145 of 2017.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bond shall be cancelled.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T