Patna High CourtCR. MISC./48251/2017bail granted

Kaluwa @ Kalu And ANR v. The State Of Bihar

2017-10-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48251 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -KATIHAR GRP CASE District- KATIHAR ======================================================

1. Kaluwa @ Kalu S/o Jageshwar Paswan R/o Sitla Asthan

2. Mannu @ Md. Mannu S/o Latif R/o Hariganj, Both are P.S. Katihar, Distt - Katihar.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Katihar Rail P.S.Case No. 76/2017 registered for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act. Allegation as per F.I.R. is of recovery of 141 litres of liquor from one co-accused and it appears that on the disclosure of the said co-accused the petitioners have been named in this case. Submission of the learned counsel for the petitioners is that the petitioners have falsely been implicated in this case and nothing has been recovered from their possession and only on the disclosure made by a co-accused they have been named in this case and they are in custody for more than one and half months having no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48251 of 2017 (2) dt.12-10-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, abovenamed, be released on bail on furnishing bail bond of Rs.25,000/- (Rupess twenty five thousand) each with two sureties of the like amount each to the satisfaction of the A.D.J.II cum Special Judge, Excise Act, Katihar in connection with Katihar Rail P.S.Case No. 76/2017, subject to the following conditions:- (i) One of the bailors shall be a local person having sufficient immovable properties in the jurisdiction of court concerned.

(ii) If involvement of the petitioners in such type of cases is found in future, their bail bond shall be cancelled.

(Vinod Kumar Sinha, J) Surendra/- U