Patna High CourtCR. MISC./2849/2017bail granted

Sanjay Sarkar @ Naru v. The State Of Bihar

2017-02-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2849 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -WEST CHAMPARAN GRP CASE DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sanjay Sarkar @ Naru, son of Late Anand Sarkar, resident of Basmanpur Colony, P.S. Motihari Mufassil, District-East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Motihari Rail P.S.Case No. 33 of 2016 registered for the offences punishable under Section 47 of Excise Act.

It has been submitted on behalf of the petitioner that though there is allegation that 15.0 litres of Nepali liquor has been recovered from the possession of the petitioner but petitioner has clean antecedent and has remained in custody for about six months.

Heard learned APP also.

Having heard both sides and considering the facts stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five

Patna High Court Cr.Misc. No.2849 of 2017 (2) dt.09-02-2017 2/2 thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate (Rail), Bettiah, in connection with Motihari Rail P.S.Case No. 33 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate 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, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U