Patna High CourtCR. MISC./54037/2017bail granted

Dharmendra Paswan v. The State Of Bihar

2017-11-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54037 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -KOTHIGRAM District- GAYA ======================================================

1. Dharmendra Paswan son of Awadhesh Paswan, resident of VillageBarakala, P.S. Kothi, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kothi P.S.Case No.11 of 2017 registered for offences punishable under Sections 272, 273 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 50 ltrs. of liquor . As per FIR the petitioner is named in the FIR. Submission of the learned counsel for the petitioner is that he has been named by the accused persons. Nothing has been recovered from his possession. He is in custody for three months. The petitioner has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.54037 of 2017 (2) dt.15-11-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Gaya in connection with Kothi P.S.Case No.11 of 2017. With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed.

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