Patna High CourtCR. MISC./48423/2017bail granted

Jitendra Kumar And ANR v. The State Of Bihar

2017-10-12Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.48423 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48423 of 2017 Arising Out of PS.Case No. -461 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Jitendra Kumar, S/o Ram Vilash Mahto,

2. Krishna Kumar, S/o Ram Dinesh Mahto, Both the resident of VillageKachharipur, P.S. Sonbarsa, District- Sitamarhi. .... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioners seek regular bail in connection with C2/461/17/718/17, registered for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 36 litres of Nepali Sofi liquor.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and have no criminal antecedent and now they have sufficiently been punished for the said offence as they have been in judicial custody since 05.08.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.48423 of 2017 (2) dt.12-10-2017 circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioners has no criminal antecedent, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -II - Cum Special Judge, Excise Act, Sitamarhi, in connection with C2/461/17/718/17.

(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