Vinaiki Kumar @ Chhotua @ Chhotu @ Vineyaki Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44779 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44779 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Vinaiki Kumar @ Chhotua @ Chhotu @ Vineyaki Kumar S/o Nawal Kishore Prasad @ Aabha Gop Resident of Village-Shital Tola, Ara, P.s.- Ara Town, District-Bhojpur Ara.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioner seeks regular bail in connection with Excise Case No. 197 of 2017, arising out of Ara Nawada P.S. Case No. 119 of 2017, registered for offences punishable under Sections 32(3) of the Bihar Excise Amendment Act, 2016. Allegation is of recovery of 170 bottles of Royal Stag each containing 750 M.L, 576 bottles of foreign liquor each containing 180 M.L and 4000 pouches of country made wine. It has been submitted on behalf of the petitioner that he has falsely been made accused on the basis of confidential information, however, the source of confidential informant has not been disclosed. However, nothing has been recovered form the possession of the petitioner. Further petitioner has no criminal antecedent and has been in judicial custody since 18.07.2017

Patna High Court Cr.Misc. No.44779 of 2017 (2) dt.15-09-2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District Judge, Bhojpur, Ara in connection with Excise Case No. 197 of 2017, arising out of Ara Nawada P.S. Case No. 119 of 2017.

(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) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T