Patna High CourtCR. MISC./47679/2017bail granted

Shashi Kumar @ Sashi 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.47679 of 2017 Arising Out of PS.Case No. -573 Year- 2017 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Shashi Kumar @ Sashi Kumar S/o Asharfi Rai Resident of villagePunaura, East Ward No.- 2, P.S.- Sitamarhi, Dist.- Sitamarhi

2. Jai Mangal Rai @ Jaimangal S/o Bhuil Rai Resident of village- Punaura, East Ward No.- 6, P.S.- Sitamarhi, Dist.- Sitamarhi .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Sitamarhi P.S. Case No. 573 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(A) of Bihar Prohibition and Excise Act.

Allegation against the petitioners is of recovery of 135 litres of liquor from their possession.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and they are in custody for more than two months having no criminal antecedents. Heard learned APP also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.47679 of 2017 (2) dt.12-10-2017 2/2 circumstances, as stated above, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IIcum-Special Judge, Excise Act, Sitamarhi, in connection with Sitamarhi P.S. Case No. 573 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) If involvement of the petitioners in such type of cases is found in future, their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U