Patna High CourtCR. MISC./42106/2017bail granted

Umesh Sah v. The State Of Bihar

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

Patna High Court Cr.Misc. No.42106 of 2017 (2) dt.12-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42106 of 2017 Arising Out of PS.Case No. -201 Year- 2017 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Umesh Sah S/o Late Nagendra Sah, Resident of Village- Bhasar Gote, P.S. and District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 The petitioner seeks regular bail in connection with Bajpatti P.S. Case No. 201 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 22 litres of foreign liquor from the auto of the petitioner.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case, he is the driver of the auto from which alleged recovery was made and in the said auto four other passengers were also sitting. Further he has no criminal antecedent and has been in judicial custody since 11.07.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.42106 of 2017 (2) dt.12-09-2017 circumstances of the case, nature of allegation and also that petitioner has no criminal antecedent and has remained in custody for two months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J -II cum Special Judge, Excise Act, Sitamarhi, in connection with Bajpatti P.S. Case No. 201 of 2017.

It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

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