Patna High CourtCR. MISC./41502/2017bail granted

Sunil Yadav v. The State Of Bihar

2017-09-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41502 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -RATANPURA District- SUPAUL ======================================================

1. SUNIL YADAV Son of Mahabir Yadav resident of village - Sitapur, Ward No. 1, P.S. - Karjain, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 Heard the parties.

The petitioner seeks regular bail in Ratanpur P.S. Case No.21 of 2017 / S.T. Excise 136/17 registered for the offence under Section 38(a), 41(a) (2) of the Bihar Excise Act. Allegation against the petitioner is of recovery of 640 liters Nepali liquor from the bank of Kosi river. Submission of the learned counsel for the petitioner is that he has not been named in the F.I.R. Nothing has been recovered from his possession. He has been made accused only on suspicion. He is in custody since 16.7.2017 having no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.41502 of 2017 (2) dt.07-09-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IInd, Supaul, in Ratanpura P.S. Case No.21 of 2017/ S.T.Excise 136/17 subject to the conditions that (1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In 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. (Vinod Kumar Sinha, J) AnilKrSinha/- U