Rajesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20744 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -MAIRWA District- SIWAN ====================================================== Rajesh Thakur, son of Dharmendra Thakur, resident of Mitha More , P.S.- susand, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate with Mr. Dhananjay Nath Tiwary, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Mairwa P.S.Case No. 46 of 2017 registered for the offences punishable under Sections 272, 273, 308, 420B/34 of the Indian Penal Code and 30(A), 37(B), 38(B) and 41(1) of Bihar Prohibition and Excise Act, 2016.

Allegation as per FIR is that police has raided godown of co-accused and after breaking the lock of the godown huge quantity of liquor, altogether 151 litres, has been recovered and petitioner was arrested while fleeing away.

It has been submitted on behalf of the petitioner that FIR shows that the godown is not of the petitioner and it was locked, rather the same is of other person and petitioner has no criminal antecedent and has remained in custody for more than three months.

Patna High Court Cr.Misc. No.20744 of 2017 (3) dt.23-06-2017 2/2 Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, 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 Chief Judicial Magistrate-VII, Siwan, in connection with Mairwa P.S.Case No. 46 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U