Mukesh Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.45500 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45500 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mukesh Sah son of Sheonath Sah resident of village Laxamipur, P.S. Adapur, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Dubey For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Adapur P.S.Case No.157 of 2017 registered for offences punishable under Sections 414, 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 175.05 ltrs. of liquor.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. He was not arrested at the spot and he has no criminal antecedent and he has remained in custody for about 01months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.45500 of 2017 (2) dt.15-09-2017 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 7th Addl. Sessions Judge-cum-Special Judge, Excise Act, Motihari in connection with Adapur P.S.Case No.157 of 2017.

With following conditions :

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

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

(iii) The petitioner shall co-operate 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, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T