Md. Lalbabu @ Md. Kabiruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45035 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -MUSRIGHARARI District- SAMASTIPUR ====================================================== Md. Lalbabu @ Md. Kabiruddin son of Md. Rafique, Resident of village Bathua Bujurg, P.S. Mushrigharari, District Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Musrigharari P.S.Case nO.66 of 2017 registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 38, 47 and 30(a), 38(1)(2) and 41(1) (2) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 168.420 ltrs. of liquor from the house of the petitioner. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case as he was not present in the house and it is an open house. The petitioner has no criminal antecedent and he has remained in custody since 20.7.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.45035 of 2017 (2) dt.15-09-2017 2/2 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 6th Additional Sessions Judge-cumSpecial Judge, Excise, Samastipur in connection with Musrigharari P.S.Case No.66 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