Patna High CourtCR. MISC./44314/2017bail granted

Kashi Jaiswal v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44314 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -MAIRWA District- SIWAN ====================================================== Kashi Jaiswal, son of Late Baidyanath Prasad, R/o Village- Nayee Bazar, P.S.- Mairwa, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== 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 Mairwa P.S.Case No. 46 of 2017 registered for the offences punishable under Sections 272, 273, 308, 420/34 of the Indian Penal Code and 30(A), 37(B), 38(A), 38(B), 41(i) of Bihar Excise Act. Allegation is of recovery of 151 litres of English wine. 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 rented godown of the petition. Further submission is that he has not been arrested at the spot and he is in custody since 18.7.2017 having no criminal antecedent.

Heard learned APP also.

Patna High Court Cr.Misc. No.44314 of 2017 (2) dt.15-09-2017 2/2 Having heard both sides and in view of facts and circumstances, 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 Judge-II-cum-Special Judge, Excise Act, Siwan, in connection with Mairwa P.S.Case No. 46 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