Patna High CourtCR. MISC./36582/2017bail granted

Sushil Kumar Mishra And ANR v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36582 of 2017 Arising Out of PS.Case No. -885 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Sushil Kumar Mishra, Son of Late Rajendra Mishra,

2. Manish Kumar Son of Ashok Kumar Mishra, Both are the R/o VillageTilauthu, P.S.- Sasaram (Tilauthu) District- Rohtas (Sasaram). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harsh Anuj For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 The petitioners seek regular bail in connection with Sasaram (Tilauthu) P.S.Case No.885 of 2017 registered for offences punishable under Sections 30(a), 34 and 35 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is about recovery of 27 ltrs. of country-made liquor.

Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in this case. The petitioners have no criminal antecedent and they have remained in custody for more than two months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.36582 of 2017 (4) dt.30-08-2017 2/2 circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.S.J.-II-cum-Special Judge (Excise) Rohtas at Sasaram in connection with Sasaram (Tilauthu) P.S.Case no.885 of 2017.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate 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, their bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T