Patna High CourtCR. MISC./45255/2017bail granted

Md. Ekramul And ANR v. The State Of Bihar

2017-09-15Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.45255 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45255 of 2017 Arising Out of PS.Case No. -240 Year- 2017 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1.

Md. Ekramul, Son of Md. Soyeb, Resident of Village - Kodriya, 2.

Dinesh Sah, S/o Late Timan Sah, Village - Mirjapur, both are residents of Village - Mirjapur, P.S. - Patahi, District, East Champaran, Motihari.

.... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioners seek regular bail in connection with Dhaka P.S. Case No. 240 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 19 litres of Nepali Saufi liquor from the petitioners.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and have no criminal antecedents and have been in judicial custody since 10.07.2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioners has no

Patna High Court Cr.Misc. No.45255 of 2017 (2) dt.15-09-2017 criminal antecedent, let the petitioners 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 7th Additional Sessions Judge- CumSpecial Judge, Motihari, in connection with Dhaka P.S. Case No. 240 of 2017.

(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) It is made clear that if the petitioners again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of their bail bonds.

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