Patna High CourtCR. MISC./13887/2017bail granted

Harendra Prasad Srivastav v. The State Of Bihar

2017-03-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13887 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Harendra Prasad Srivastav, Son of Late Saryug Prasad, resident of village - Chhota Bariyarpur, Police Station - Chhatauni, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Excise Case No. 7 of 2017 registered for the offences punishable under Section 30(a) of Excise Act.

It has been submitted on behalf of the petitioner that there is alleged recovery of 14 litres of country made liquor from the shop of the petitioner and he is in custody for about two months. It has further been submitted that petitioner has also been implicated in another case and thereafter he lodged a complaint prior to filing of the present case against the police personel who have not paid the amount of purchased articles from his shop and due to the aforesaid fact petitioner has been implicated in the present case.

Heard learned APP also.

Patna High Court Cr.Misc. No.13887 of 2017 (2) dt.23-03-2017 2/2 Having heard both sides and considering the aforesaid submission, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Excise.Case No. 7 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

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

(iii) The petitioner shall cooperate 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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U