Patna High CourtCR. MISC./40009/2017bail granted

Md. Arif v. The State Of Bihar

2017-08-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40009 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -KIUL RAIL P.S. District- LAKHISARAI ======================================================

1. Md. Arif S/o Md. Yunus, R/o Sharifaganj Ward No.-71 Patna City, P.S.- Malaalami Distt.-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nityanand Kumar For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 The petitioner seeks regular bail in connection with G.R.P. Kiul P.S.Case No.135 of 2017 of 2017 registered for offences punishable under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 17 ltrs. of country-made liquor.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. The petitioner has no criminal antecedent and he has remained in custody for about 02 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be

Patna High Court Cr.Misc. No.40009 of 2017 (2) dt.23-08-2017 2/2 enlarged 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 learned A.D.J.-II-cum-Special Judge, Excise, Lakhisarai in connection with G.R.P. Kiul P.S.Case No.135 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 reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T