Patna High CourtCR. MISC./39322/2016bail granted

Raghu Tuddu And ANR v. The State Of Bihar

2016-09-19Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39322 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Raghu Tuddu Son of Late Bhatal Tuddu

2. Bechan Lal Sah @ Bachan Sah Son of Nand Kumar Sah Both Resident of Village -Andeli, Aadivasi Tola, P.S- Muffasil, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-09-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, petitioners are seeking bail in connection with Sadar Muffasil P.S. Case No. 96 of 2016 registered for offences under sections 272, 273 of the Indian Penal Code and section 47(A) of the Excise Act.

The Police recovered 37 litres of country made liquor along with 10 litres spirit from the house of petitioner no. 1 and 23 litres of country made liquor and about 10 litres spirit from the house of petitioner no. 2.

The counsel for the petitioner submits that the petitioners are in custody since 3rd May 2016. Looking to the period of custody, let the petitioners

Patna High Court Cr.Misc. No.39322 of 2016 (3) dt.19-09-2016 2/2

(1) Raghu Tuddu and (2) Bechan Lal Sah @ Bachan Sah, be released on bail on their furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Sadar Muffasil P.S. Case No. 96 of 2016, subject to the condition that (i) one of the bailors shall be father/mother/wife/son of the petitioners (ii) if the petitioners are found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of their bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioners would cooperate in the proceeding of the court below. In event of failure to appear on two consecutive dates without any rhyme or reason, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T