Mahavir Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44026 of 2017 Arising Out of PS.Case No. -136 Year- 2017 Thana -ANDER District- SIWAN ====================================================== Mahavir Sahni, Son of Surjay Mallah, resident of Village- Laxman Chak, P.O.- Darauli, 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. Umesh Lal Verma ====================================================== 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 Andar P.S.Case No. 136 of 2017 registered for the offences punishable under Sections 272, 273, 308 of the Indian Penal Code and 30(a) of Bihar Excise Act.

Allegation is of recovery of 28.8 litres of country made 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 and he is in custody since 2.8.2017 having no criminal antecedent.

Heard learned APP also.

Having heard both sides and in view of facts and

Patna High Court Cr.Misc. No.44026 of 2017 (2) dt.15-09-2017 2/2 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, Siwan, in connection with Andar P.S.Case No. 136 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