Manoj Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.16079 of 2017 (2) dt.07-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16079 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -SANJHAULI District- SASARAM (ROHTAS) ======================================================

1. Manoj Sah Son of late Teshlal Sah Resident of Village: Bajitpur, P.S: Sanjhauli, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-04-2017 Heard the parties.

This application has been filed in connection with Sanjhauli P.S.Case No.05 of 2017 for the offence under Sections 272 and 273 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he has been made accused at the instance of Chowkidar and it is alleged that there is recovery of 95 ltrs. of liquor that too from a field but that field does not belong to the petitioner. It is also submitted that the petitioner is in custody since 15.2.2017 and he has clean antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that he has been made accused at the statement of the Chowkidar and he has

Patna High Court Cr.Misc. No.16079 of 2017 (2) dt.07-04-2017 clean criminal antecedent.

Considering the above facts, 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.-I, Bikramganj, District- Rohtas in connection with Sanjhauli P.S.Case No.05 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