Niraj Kumar Panchal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23038 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ====================================================== Niraj Kumar Panchal S/o Dharmpal Singh @ Dharmpal R/o Village - Shikopur, P.S. - Badaut, Distt. - Bagpat, Uttar Pradesh. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, APP For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Barauni Rail P.S.Case No. 36 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(A) of Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is of recovery of five bottles, each containing 750 ml., of foreign liquor from his possession and from others also altogether 68 bottles of foreign liquor have been recovered.

It has been submitted on behalf of the petitioner that from the possession of petitioner only five bottles of foreign liquor have been recovered and he is in custody for about two months having clean antecedent.

Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.23038 of 2017 (2) dt.16-05-2017 2/2 facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Shri Anwar Shamim, Additional Chief Judicial Magistrate, Railway, Barauni, Begusarai, in connection with Barauni Rail P.S.Case No. 36 of 2017, 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 for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U