Patna High CourtCR. MISC./10501/2017bail granted

Gunjan Kumar Sah @ Gunjan Sah v. The State Of Bihar

2017-03-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10501 of 2017 Arising Out of PS.Case No. -711 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Gunjan Kumar Sah @ Gunjan Sah, aon of Gopal Prasad Sah, resident of village - Patarghat, P.S. Sour Bazar, District - Saharsa .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Madhepura (Bharrahi O.P.) P.S.Case No. 711 of 2016 registered for the offences punishable under Sections 279 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioner that petitioner has not been arrested at the spot and nothing has been recovered from the possession of the petitioner and it is alleged that 124 litres of foreign liquor has been recovered from the vehicle and he has remained in custody for more than four months. Heard learned APP also.

Having heard both sides and in view of the period of custody and not arrested at the spot, let the petitioner, above

Patna High Court Cr.Misc. No.10501 of 2017 (2) dt.20-03-2017 2/2 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, Madhepura, in connection with Madhepura (Bharrahi O.P.) P.S.Case No. 711 of 2016, 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