Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13583 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -JAMALPUR District- MUNGER ====================================================== Santosh Kumar Son of Nakul Mandal, Resident of Village-Kalyanpur Railway Station Bichla Tola, Police Station-Bariyarpur, District-Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Sah For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 Heard the parties.

This application has been filed in connection with Jamalpur Police Station Case No.07 of dated 14.01.2017 corresponding to G.r.No.108/2017 registered for offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It is submitted on behalf of the petitioner that he has clean antecedent. The petitioner is in custody for more than 2 1⁄2 months and the recovery is said to be of 12 bottles of English wine liquor of 375 ml., 135 Pauches of Masaledar Masaledar liquor of 200 ml. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the petitioner has clean antecedent as well as he has remained in

Patna High Court Cr.Misc. No.13583 of 2017 (2) dt.22-03-2017 2/2 custody for a sufficient period, 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 A.C.J.M.-II, Munger in connection with Jamalpur P.S.Case No.07 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 on the event of failure on his part 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U