Govind Jha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19396 of 2017 Arising Out of PS.Case No. -243 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ======================================================

1. Govind Jha, son of Sri Ram Jha, resident of Village Balha Chowk Benipur, P.S.- Bahera, District- Darbhanga.

2. Satrughan Kumar, son of Mahabir Prasad, resident of Mohalla- R. Block, Road, No.8, P.S.- Schivalaya District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. N.A. Shamsi For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 Heard the parties.

The petitioners seek regular bail in connection with Patna Excise Case No.243(C-2) of 2017, registered for offences punishable under Sections 30(a) of the Indian Penal Code. Allegation against the petitioners is about recovery of 45 ltrs. of foreign liquor from the hut of the petitioner. It is submitted on behalf of the petitioners that the said hut does not belong to the petitioners. They have clean antecedent and they have been falsely implicated in this case. They are in custody for more than two months.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the

Patna High Court Cr.Misc. No.19396 of 2017 (3) dt.03-05-2017 2/2 petitioners have clean antecedent and remained in custody for more than two months, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Patna in connection with Patna Excise Case No.243 (C-2) of 2017.

With following conditions :

(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) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their 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 their bail bond.

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