Sushil Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.49499 of 2017 (3) dt.10-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49499 of 2017 Arising Out of PS.Case No. -103 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Sushil Kumar, Son of Late Ramphal, resident of House No. 701/16, Kila Mohalla P.S. Purani Sabji Mandi, District Rohtak (Hariyana).

2. Munna Lal, Son of Late Babulal, resident of Village Sant Mahi Chowk, Kila Mohalla, P.S. Purani Sabji Mandi, District Rohtak (Hariyana). .... .... Petitioners/s

Versus

1. The State of Bihar.

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

For the Petitioners/s : Smt. Babita Kumari For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 The petitioners seek regular bail in connection with Excise Case No. 103 of 2017, arising out of Sadar Excise Case No. 9/2017, registered for offences punishable under Sections 30(A), 32(ii) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 396 litres of illicit liquor from vehicle.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and have nothing to do with the alleged recovery. Further they have no criminal antecedent and have been in judicial custody since 1.05.2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.49499 of 2017 (3) dt.10-11-2017 Having heard both sides, in view of the above facts, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge cum Special Judge, Excise Act, Muzaffarpur, in connection with Excise Case No. 103 of 2017, arising out of Sadar Excise Case No. 9/2017.

(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) It is made clear that if the petitioners again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of their bail bonds.

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