Sujeet Dabas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47325 of 2017 Arising Out of PS.Case No. -88 Year- 2017 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================

1. Sujeet Dabas Son of Dharam Singh, resident of Village- Kultana, P.S. Sampala, District- Rohtak (Haryana).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kochas P.S.Case No.88 of 2017 registered for offences punishable under Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 251 ltrs. of foreign liquor from a vehicle in which two persons including the petitioner were riding.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and he is not accused in similar type of cases. The petitioner has remained in custody for 4 months. Another co-accused persons having similar allegation has already been granted bail by this Court, vide

order dated 19.9.2017 passed in Cr. Misc. 43117 of 2017. Heard learned A.P.P. also.

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 Additional Sessions Judge-II-cumSpecial Judge, Excise, Rohtas at Sasaram in connection with Kochas P.S.Case No.88 of 2017 dated 19.6.2017. 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.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

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