Raghubir Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35892 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -GOVINDPUR District- NAWADA ======================================================

1. Raghubir Kumar, son of Braham Prasad Shaw, Resident of VillageGovindpur (Beech Bazar), Police Station- Govindpur and DistrictNawadah.

2. Rajesh Kumar, son of Ram Deo Chaudhary, Resident of MohallaKumhartoli, Village Govindpur, Police Station- Govindpur and DistrictNawadah. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashutosh Kumar Vinayak For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Govindpur P.S.Case No. 53 of 2017 registered for the offences punishable under Section 30(a) of Bihar Excise Act. Allegation against the petitioners is of recovery of 30 litres of Mahua liquor.

It has been submitted on behalf of the petitioners that nothing has been recovered from their possession though the same has been recovered 30 feet away from the motorcycle and they are in custody for two months having no criminal antecedent. Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioners, named above, be

Patna High Court Cr.Misc. No.35892 of 2017 (2) dt.09-08-2017 2/2 released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge, Nawadah, in connection with Govindpur P.S.Case No. 53 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

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

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their 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 their bail.

(Vinod Kumar Sinha, J) spal/- U