Patna High CourtCR. MISC./44203/2017bail granted

Chhote Mukhiya v. The State Of Bihar

2017-09-22Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.44203 of 2017 (3) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44203 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -BISFI (PATAUNA) District- MADHUBANI ======================================================

1. Chhote Mukhiya Son of Jagdeo Mukhiya, Resident of Village-Sohans, Police Station-Bisfi (Patauna), District-Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bisfi (Patauna) P.S.Case No.113 of 2017, corresponding G.R.No.469 of 2017, registered for offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(A) of Bihar Excise Prohibition Act, 2016 Allegation against the petitioner is about recovery of 66ltrs. of country-made liquor.

Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner rather from a ditch near the Kiln and he is in custody for about four months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44203 of 2017 (3) dt.22-09-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned A.C.J.M., Benipatti District Madhubani in connection with Bisfi (Patauna) P.S.Case No.113 of 2017, corresponding G.R.No.469 of 2017.

With following conditions :

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

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T