Patna High CourtCR. MISC./45272/2017bail granted

Devanand Chaudhary v. The State Of Bihar

2017-09-19Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.45272 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45272 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================

1. Devanand Chaudhary Son of Late Dinesh Chaudhary Resident of Village - Karnpura, P.S. Ganga Bridge, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioner seeks regular bail in connection with Sarai P.S. Case No. 105 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 9 litres of wine. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, he has sufficiently been punished for the said offence as he has been in judicial custody since 03.07.2017 and has no criminal antecedent and other co-accused person of this case has already been granted bail by a coordinate Bench of this Court vide order dated 15.09.2017 passed in Cr. Misc. No. 41372 of 2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.45272 of 2017 (2) dt.19-09-2017 Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent and other co-accused of this case has already been granted bail by coordinate Bench of this Court, 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 Additional Sessions Judge -II-Cum Special Judge, Vaishali at Hajipur, in connection with Sarai P.S. Case No. 105 of 2017. (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) 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