Patna High CourtCR. MISC./54293/2017bail granted

Kamaldeo Sah v. The State Of Bihar

2017-11-15Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.54293 of 2017 (2) dt.15-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54293 of 2017 Arising Out of PS.Case No. -154 Year- 2017 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kamaldeo Sah, son of Ramdeo Sah, resident of Village- Semra Bazar, P.S.- Kalyanpur, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 The petitioner seeks regular bail in connection with Kalyanpur P.S. Case No. 154 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a), (b), (c), (d), 37 (a ) and 37 (c) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 10 litres of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has no criminal antecedent has been in judicial custody since 30.08.2017. 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 petitioner has no

Patna High Court Cr.Misc. No.54293 of 2017 (2) dt.15-11-2017 criminal antecedent, 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 Special Judge, Excise, Motihari, East Champaran, in connection with Kalyanpur P.S. Case No. 154 of 2017, subject to the condition that:- (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