Patna High CourtCR. MISC./37122/2017bail granted

Sandeep Kumar v. The State Of Bihar

2017-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37122 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -NABINAGAR District- AURANGABAD ====================================================== Sandeep Kumar, S/o Babulal Modi, R/o Village Bhelwatand, P.S. Domchach, District- Kodarma (Jharkhand).

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Badem O.P. (Nabinagar) P.S.Case No. 95 of 2017 registered for the offences punishable under Sections 30(a) and 38 of Bihar Excise (Amendment) Act, 2016.

Allegation as per FIR is of recovery of 240 litres of country made liquor from the car and petitioner is said to be driver.

Submission of learned counsel for the petitioner is that nothing has been recovered from his possession and he has falsely been implicated in this case and he is in custody for more than four months having no criminal antecedent. Further submission is that petitioner is 40% handicapped person.

Patna High Court Cr.Misc. No.37122 of 2017 (4) dt.30-08-2017 2/2 Heard learned APP also.

Having heard both sides and in view of facts and circumstances of the case, let the petitioner, above 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 Additional Sessions Judge-VII-cum-Special Judge, Aurangabad, in connection with Badem O.P. (Nabinagar) P.S.Case No. 95 of 2017, subject to the conditions that :- (i) one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) petitioner shall appear in court on each and every date fixed and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U