Patna High CourtCR. MISC./48722/2017bail granted

Amar @ Amar Paswan v. The State Of Bihar

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

Patna High Court Cr.Misc. No.48722 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48722 of 2017 Arising Out of PS.Case No. -140 Year- 2017 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Amar @ Amar Paswan Son of Late Gendhari Paswan, R/o VillageDevisarai, P.S.- Deepnagar, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioner seeks regular bail in connection with Deepnagar P.S. Case No. 140 of 2017, registered for offences punishable under Sections 30(A), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 1600 litres of country made liquor.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and was not present at the time of recovery and his name has been disclosed by other accused persons. Further he has no criminal antecedent and has been in judicial custody since 02.08.2017 and other co-accused persons have already been granted bail by coordinate Benches of this Court vide order dated 20.07.2017 passed in Cr. Misc. No. 33269 of 2017, vide order dated 19.08.2017 passed in Cr. Misc. No. 140 of 2017 and vide order dated 20.07.2017 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.48722 of 2017 (2) dt.12-10-2017 32736 of 2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts and also in view of the fact that other accused persons have already been enlarged on bail by coordinate Benches of this Court, 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 7th A.D.J.- Cum-Special Judge, Excise Nalanda at Biharsharif, in connection with Deepnagar P.S. Case No. 140 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