Kameshwar Rai @ Kameshwar Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52480 of 2017 Arising out of PS. Case No.-189 Year-2017 Thana- AADAPUR District- East Champaran ===============================================
1. Kameshwar Rai @ Kameshwar Prasad, W/o Ram Daresh Rai,
2. Munna Kumar S/o Santlal Ray, Both R/o VillageTikuliya, P.S.- Adapur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s =============================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Adv. For the Opposite Party/s: Mr. Smt. Anita Kumari Singh, APP =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in a case registered for offences under Sections 414, 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
It is contended that, as per allegation, 116.400 litres of Nepali Soufi Wine was recovered from the vehicle which was being boarded by the petitioners. It is further contended that the petitioner no. 1 is accused in another case, i.e., Adapur P.S. Case
Patna High Court Cr.Misc. No.52480 of 2017(2) dt.09-11-2017 2/3 No. 80 of 2017 registered for the offences under Sections 143, 341, 323, 324, 3245, 354, 307, 379, 488, 504 and 506 of the Indian Penal Code and the petitioner no. 2 is having clean antecedent. It is urged that the petitioners are in custody since 31.07.2017.
Considering the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on their furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-II-cumSpecial Judge, Excise, Motihari in connection with Adapur P.S. Case No. 189 of 2017 with a condition that if the petitioners, after their release in this case, are again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds. In view of the antecedent of the petitioner no. 1, he would be required to appear before the Superintendent of Police, Motihari, East Champaran within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report
Patna High Court Cr.Misc. No.52480 of 2017(2) dt.09-11-2017 3/3 shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.
(Dr. Ravi Ranjan, J) Vikash/- U T