Patna High CourtCR. MISC./12943/2017bail granted

Saroj Kumar Das @ Babua @ Baua v. The State Of Bihar

2017-03-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12943 of 2017 Arising Out of C.C. Case No. -70 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictKISANGANJ ====================================================== Saroj Kumar Das @ Babua @ Baua, son of Ganga Prasad Das, Resident of Chidiya Bagan, Police Station- Kishanganj in the district of Kishanganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar, Advocate. For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in C.C. Case No. 70 of 2017 instituted for the offence under Section 30(a) of Bihar Excise (Amendment) Act, 2016.

As per the prosecution report, 120 liters of illicit liquor has been recovered from E-Rickshaw. The main accused Md. Imtiyaz along with two other accused namely, Md. Salim and Saroj Kumar Das @ Baua (petitioner) were arrested. It has been submitted on behalf of the petitioner that the petitioner has clean antecedent.

In this manner, from the written report itself it does not appear that the aforesaid liquor has been recovered from the conscious possession of the petitioner. Moreover, the petitioner

Patna High Court Cr.Misc. No.12943 of 2017 (2) dt.22-03-2017 2/2 has clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with C.C. Case No. 70 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner will file an affidavit in the court below that he will not indulge in such type of activity in future, and if he will find indulging in such type of activity, his bail bond shall be liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T