Patna High CourtCR. MISC./18104/2017bail granted

Rajiv Kumar v. The State Of Bihar

2017-04-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18104 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -PUSA District- SAMASTIPUR ======================================================

1. Rajiv Kumar Son of Ram Sevak Mahto Resident of Village Ladaura, Police Station- Kalyanpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard the parties.

The petitioner seeks regular bail in connection with Pusa P.S.Case No.21 of 2017 for the registered for offences punishable under Sections 30(a)/37 (a), 27(d), 38(i), 41 and47 of Bihar Excise Amendment Act, 2016.

Allegation against the petitioner is about recovery of 10.5 ltrs. of liquor from the house of petitioner and another accused person, however, it is submitted on behalf of the petitioner that he has been falsely implicated in this case. He has clean antecedent and remained in custody for about two months. Heard learned A.P.P. also.

Having heard both sides and in view of quantity of the liquor as well as the period his custody and having clean

Patna High Court Cr.Misc. No.18104 of 2017 (2) dt.20-04-2017 2/2 antecedent, 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.-VI, Samasatipur in connection with Pusa P.S.Case No.21 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