Patna High CourtCR. MISC./48220/2017bail granted

Brahamdeo Prasad v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48220 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -CHAKAI District- JAMUI ====================================================== Brahamdeo Prasad Son of Late Muniram Resident of village- Khairabad, Police Station- Dipnagar, District- Nalanda .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Chakai P.S.Case No. 63/2017 registered for the offences punishable under sections 273/34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner is of recovery of 175 litres of liquor from a Maruti van and the petitioner was arrested at the spot.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and he was only traveling in the said vehicle and he has nothing to do with the seized articles. Further submission is that the petitioner is in custody for more than three and half months having no criminal antecedent.

Patna High Court Cr.Misc. No.48220 of 2017 (2) dt.12-10-2017 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, abovenamed, be released on bail on furnishing bail bond of Rs.25,000/- (Rupess twenty five thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Jamui in connection with Chakai P.S.Case No. 63/2017, subject to the following conditions:- (i) One of the bailors shall be a local person having sufficient immovable properties in the jurisdiction of court concerned.

(ii) If involvement of the petitioner in such type of cases is found in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) Surendra/- U