Patna High CourtCR. MISC./38332/2017bail granted

Krishna v. The State Of Bihar

2017-08-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38332 of 2017 Arising Out of PS.Case No. -277 Year- 2016 Thana -HISUA District- NAWADA ====================================================== Krishna, son of Tarachand, Resident of Village- Kurar, P.S.- Sadar Sonauli, District- Panipat, Hariyana.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Hisua P.S. Case No. 277 of 2016, arising out of Special Case No. 517 of 2017, registered for the offences punishable under Sections 414 of the Indian Penal Code and 30(A) of Bihar Prohibition and Excise Act, 2016.

Allegation as per FIR is that truck of the petitioner was intercepted and from the truck more than 3000 litres of foreign liquor has been recovered.

Submission of learned counsel for the petitioner is that FIR shows that petitioner is driver of the truck and he has nothing to do with the seized articles and on the instruction of the owner of truck he was carrying the same. It has further been submitted that

Patna High Court Cr.Misc. No.38332 of 2017 (3) dt.23-08-2017 2/2 he is in custody since 31.12.2016 having clean antecedent. Heard learned APP also.

Having heard both sides and considering the facts and circumstances, let the petitioner, above named, 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 the Additional Sessions Judge-II-cum-Special Judge, Nawada, in connection with Hisua P.S.Case No. 277 of 2016, Special Case No. 517 of 2017, subject to the conditions :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioner will co-operate in trial and appear in court on each and every date fixed in the case, failing which his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U