Chhotu Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.54413 of 2017 (2) dt.16-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54413 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -RISHIUP District- AURANGABAD ======================================================

1. Chhotu Kumar, Son of Binay Singh,

2. Ranjan Kumar Son of Amresh Singh, Both R/o Village- Parariya, P.S.- Simra, District- Aurangabad (Bihar).

.... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 The petitioners seek regular bail in connection with Risiup P.S. Case No. 69 of 2017, registered for offences punishable under Sections 30(A) and 38 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 291 litres of liquor from alto car.

It has been submitted on behalf of the petitioners that petitioner no. 1 is a driver and petitioner no. 2 is passenger of the vehicle from which recovery has been made and they have nothing to do with the alleged recovery. Further they have no criminal antecedents and have been in custody since 27.09.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.54413 of 2017 (2) dt.16-11-2017 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 7th Additional Sessions Judge cum Special Judge, Excise, Aurangabad, in connection with Risiup P.S. Case No. 69 of 2017, subject to the condition that:- (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