Patna High CourtCR. MISC./63092/2018bail granted

Mithlesh Chaudhary v. The State Of Bihar

2018-10-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63092 of 2018 Arising Out of PS.Case No. -235 Year- 2018 Thana -ATRI District- GAYA ======================================================

1. Mithlesh Chaudhary S/o Kailu Chaudhary Resident of Village-Belsar, P.S.-Atri, Distt.-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Atri P.S.cas nO.235 of 2018 registered for offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 30 ltrs. of mahua liquor from the house of the petitioner. Submission of the learned counsel for the petitioner is that it is a joint house and he has been falsely implicated in this case, having no criminal antecedent and he is in custody since 14.7.2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.63092 of 2018 (3) dt.25-10-2018 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya in connection with Atri P.S.case No.235 of 2018. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T