Patna High CourtCR. MISC./42125/2017bail granted

Mohan Chaudhary v. The State Of Bihar

2017-09-12Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.42125 of 2017 (2) dt.12-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42125 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Mohan Chaudhary Son of Kamaldeo Chaudhary, R/o Village- Mushahari Block Campus Prahladpur Tola Gangapur, P.S.- Mushahari, DistrictMuzaffarpur Permanant R/o Village+P.S.- Matihani, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Singh For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 The petitioner seeks regular bail in connection with Musahari P.S. Case No. 38 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 36 and 38 of the Indian Penal Code. Allegation is of recovery of 187 litres of foreign liquor. It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and the vehicle and house from which alleged recovery was made also does not belong to the petitioner. Further he has been remanded in this case from other case and has been in judicial custody in this case since 25.07.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.42125 of 2017 (2) dt.12-09-2017 bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Musahari P.S. Case No. 38 of 2017, subject to the 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 cooperate 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 reasons, the prosecution is free to move for cancellation of his bail.

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