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Patna High CourtCR. MISC./40217/2017bail granted

Sonelal Ram And ANR v. The State Of Bihar

2017-08-25Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40217 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -MOTIHARI RAIL P.S. DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sonelal Ram son of Bhulal Ram

2. Chhotela Yadav son fo Chandrika Yadav Both resident of village- Papaur, P.S. Pacharukhi, District Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Pandey For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 Heard the parties.

The petitioners seek regular bail in connection with Motihari P.S.Case No.35 of 2016 , registered for offences punishable under Sections 467, 468, 471, 419 and 420 of the Indian Penal Code.

Allegation against the petitioner as per FIR is of illegally purchasing 2560 metric tons stone chips and causing loss of sales tax to the Government.

Submission of the learned counsel for the petitioner is that he has already paid the tax, which will appear from Annexure2 of the petition and the other accused persons from which he is alleged to have purchased the stone chips has already been granted bail by this Court, vide order 4.8.2017 passed in Cr.

Patna High Court Cr.Misc. No.40217 of 2017 (2) dt.25-08-2017 2/3 Mi. No.35105 of 2017. The petitioner is in custody for more than four months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned A.C.J.M., Railway, Bettiah (West Champaran) in connection with Motihari Rail P.S.Case no.35 of 2016.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

(iii) The petitioners shall co-operate in disposal of trial and make themselves available as and when required by the court. In the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T

Patna High Court Cr.Misc. No.40217 of 2017 (2) dt.25-08-2017 3/3