Patna High CourtCR. MISC./42296/2017bail granted

Sunil Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42296 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -BELDAUR District- KHAGARIA ======================================================

1. Sunil Kumar Son of Subhas Chandra Singh, R/o Village- Skrohar, P.S.- Beldaur, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Beldaur P.S.Case No.95 of 2017 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 25(1(1-b)a/26 of the Arms Act. Allegation against the petitioner is about recovery of 58 ltrs. of liquor and one pistol from the house of the petitioner.. Submission of the learned counsel for the petitioner is that nothing has been recovered from the conscious possession of the petitioner and he is in custody for about five months as well as he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.42296 of 2017 (3) dt.12-10-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned Addl. Sessions Judge 3rd, Khagaria in connection with Beldaur P.S.Case No.95 of 2017. 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 on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

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