Patna High CourtCR. MISC./38006/2017bail granted

Loha Sah v. The State Of Bihar

2017-08-24Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.38006 of 2017 (4) dt.24-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38006 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Loha Sah son of Madan Sah, Resident of Village- Raghunathpur, P.S. Turkauliya, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 As prayed for learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the petition.

The petitioner seeks regular bail in connection with Kundwa Chainpur P.S. Case No. 65 of 2017, registered for offences punishable under Sections 272, 273 of Indian Penal Code and Section 30(a) and 37(a) of the Bihar Prohibition and Excise Amendment Act, 2016.

Allegation is of recovery of 72 litres of nepali saufi wine. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has no criminal antecedent and has been in judicial custody since 08.05.2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.38006 of 2017 (4) dt.24-08-2017 Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that petitioner has no criminal antecedent and has remained in custody for three months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - 7th, - Cum- Special Judge, Excise, East Champarant at Motihari, in connection with Kundwa Chainpur P.S. Case No. 65 of 2017. It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T