Patna High CourtCR. MISC./48709/2017bail granted

Munchun Kumar v. The State Of Bihar

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

Patna High Court Cr.Misc. No.48709 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48709 of 2017 Arising Out of PS.Case No. -189 Year- 2017 Thana -BARGANIA District- SITAMARHI ======================================================

1. Munchun Kumar Son of Brij Kishore Mahto, R/o Main Road Bairgania, P.S.- Bairgania, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioner seeks regular bail in connection with Bairgania P.S. Case No. 189 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(A) and 37(C) of the Bihar Prohibition and Excise Act, 2016 and Section 25(1-B)a, 26 and 35 of the Arms Act. Allegation is of recovery of 1.20 litres of nepali liquor and one cartridge of 0.315 bore.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has no criminal antecedent and now has sufficiently been punished has been in judicial custody since 26.07.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.48709 of 2017 (2) dt.12-10-2017 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 Additional Sessions Judge - II, Cum Special Judge, Sitamarhi, in connection with Bairgania P.S. Case No. 189 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