Om Narayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30764 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Om Narayan, Son of Gagandeo Prasad Mehta, resident of Village Mahuawa, P.S. Pipra, District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 This application is for grant of bail in connection with Excise Case No. 115 of 2017 registered for the offence(s) under section(s) 30 A of the Bihar Prohibition and Excise Act. Allegation is of recovery of 30.75 litres of foreign liquor from the so called house of the petitioner. Submission of the learned counsel for the petitioner is that the aforesaid house belongs to another co-accused, who has already been granted bail by a coordinate Bench of this Court, vide order dated 24.5.2017 passed in Cr. Misc. Nos. 23446 of 2017 and now the petitioner is in custody for four months and he has clean antecedent.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.30764 of 2017 (3) dt.19-07-2017 2/2 circumstances, as stated above, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Excise Case No. 115 of 2017, subject to the following conditions:- (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) 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 rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T