Dharmu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45082 of 2017 Arising Out of PS.Case No. -215 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. DHARMU KUMAR son of late Mehndra Paswan

2. Randhir Kumar son of Sri Laxmi Rai Both resident of village Lautan, P.S. Sakara, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioners seek regular bail in connection with Sakra P.S.Case no.215 of 2017 corresponding to G.R.No.227 of 2017 registered for offences punishable under Sections 272 and 273 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 56 ltrs. of country-made liquor from the vehicle and the coaccused has been arrested at the spot itself and the petitioners have fled away from the place of occurrence.

Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in this case. The petitioners have no criminal antecedent and they have not been arrested at the spot. The petitioners are in custody since 1.8.2017.

Patna High Court Cr.Misc. No.45082 of 2017 (2) dt.15-09-2017 2/2 Heard learned A.P.P. also.

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 Special Judge, Excise, Muzaffarpur in connection with Sakra P.S.Case No.215 of 2017 corresponding toG.R.No.227 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