Binay Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.48821 of 2017 (2) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48821 of 2017 Arising Out of PS.Case No. -663 Year- 2017 Thana -BIHTA District- PATNA ======================================================

1. Binay Kumar

2. Mukesh Kumar Both are S/o Late Lalan Roy R/o Village - Khedalpura, P.S. - Bihta, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard the parties.

The petitioners seek regular bail in connection with Bihta P.S.Case No.663 of 2017 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is about recovery of 13.50 ltrs. of foreign liquor from the motorcycle of the petitioners and the petitioners were arrested at the spot. Submission of the learned counsel for the petitioner 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 one months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48821 of 2017 (2) dt.13-10-2017 Having heard both sides and in view of the facts and 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 Special Judge, Excise, Patna in connection with Bihta P.S.Case No.663 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.

(iv) If their active participation is found in such type of cases in future, their bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

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