Shailendra Kumar @ Shailendra Kumar Tiwari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25254 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -RAJPUR District- BUXAR ======================================================
1. Shailendra Kumar @ Shailendra Kumar Tiwari S/o Devmuni Tiwari
2. Ravi Shankar Singh S/o Ravindra Nath Singh Both are residents of village - Awati, P.S. Nagar Halt, District - Ghazipur (U.P.). .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rang Nath Choubey For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioners.
This is an application for bail in connection with Rajpur P.S.Case No. 79 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act.
Allegation is of recovery of 10 litres of foreign liquor. It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and they are in custody for more than two months having no criminal antecedent. Heard learned APP also.
Having heard both sides and considering the aforesaid facts and circumstances, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees
Patna High Court Cr.Misc. No.25254 of 2017 (3) dt.05-07-2017 2/2 twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Court/Judge, Excise Act, Buxar, in connection with Rajpur P.S.Case No. 79 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate 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 reason, the prosecution is free to move for cancellation of their bail.
(Vinod Kumar Sinha, J) spal/- U