Patna High CourtCR. MISC./45156/2017bail granted

Nilay Pandey @ Nilu Pandey And ANR v. The State Of Bihar

2017-09-15Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45156 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -JAMHORA District- AURANGABAD ======================================================

1. Nilay Pandey @ Nilu Pandey, Son of Sri Awdhesh Pandey,

2. Kaushal Pandey @ Kaushak Pandey @ Kaushal Kishore Pandey, Son of Late Ramjanam Pandey, Both residents of Village- Ghataro, Police StationObra, District- Aurangabad. .... .... Petitioners/s

Versus

1. The State of Bihar.

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

For the Petitioners/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioners seek regular bail in connection with Jamhore P.S. Case No. 68 of 2017, registered for offences punishable under Sections 30(A) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 1440 litres of illicit country made wine from a pickup van and petitioners are named in the F.I.R.

It has been submitted on behalf of the petitioners that they have not been arrested on spot and have falsely been made accused in this case only on the basis of suspicion and even no source of information has been mentioned in the F.I.R. Further submission of learned counsel for the petitioners that they have no

criminal antecedents and have been in judicial custody since 27.07.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - VII-cum-Special Judge, Excise Act, Aurangabad, in connection with Jamhore P.S. Case No. 68 of 2017.

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

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