Patna High CourtCR. MISC./48127/2017bail granted

Shashi Kumar And ANR v. The State Of Bihar

2017-10-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48127 of 2017 Arising Out of PS.Case No. -273 Year- 2017 Thana -FATEHPUR District- GAYA ======================================================

1. Shashi Kumar, Son of Prem Prasad

2. Kalim Mansuri @ Kalim Ansari Son of Md. Kurban Mansuri, Both Resident of Village-Hisua, P.S.-Hisua, District-Nawada. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Fatehpur P.S.Case No. 273/2017 registered for the offences punishable under sections 272, 273/34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act. Allegation against the petitioners is of recovery of 60 litres of liquor from the bag and the petitioners were arrested at the spot.

Submission of the learned counsel for the petitioners is that the petitioners have falsely been implicated in this case and nothing has been recovered either from the conscious possession or from their house, rather recovery was made from the temple. Further submission is that petitioners are in custody for two months having no criminal antecedent.

Patna High Court Cr.Misc. No.48127 of 2017 (2) dt.12-10-2017 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, abovenamed, be released on bail on furnishing bail bond of Rs.25,000/- (Rupess twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Gaya in connection with Fatehpur P.S.Case No. 273/2017, subject to the following conditions:- (i) One of the bailors shall be a local person having sufficient immovable properties in the jurisdiction of court concerned.

(ii) If involvement of the petitioners in such type of cases is found in future, their bail bond shall be cancelled.

(Vinod Kumar Sinha, J) Surendra/- U