Shamsher Ali @ Barku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31123 of 2017 Arising Out of PS.Case No. -241 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictKISANGANJ ======================================================
1. Shamsher Ali @ Barku, son of Late Samsud Mistri, resident of Line, Jhoolan Mandir, Police Station- Kishanganj, District- Kishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 This application is for grant of bail in connection with Case No. CC-241/2017 registered for the offence(s) under section(s) 30 (Ka) of the Bihar Prohibition and Excise Act. Allegation is of recovery of 5 litres 250 ML liquor from the bank of a river.
Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner, he has clean antecedent and has remained in custody for more than two months Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, this application is allowed. Let the petitioner, above named, be released on bail
Patna High Court Cr.Misc. No.31123 of 2017 (3) dt.19-07-2017 2/2 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 2nd Additional Sessions Judge-cum-Special Judge, Kishanganj in connection with Case No. CC-241/2017, 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