Seraj Ali v. The State Of Bihar
Patna High Court Cr.Misc. No.48354 of 2017 (2) dt.12-10-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48354 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -GOPALPUR District- GOPALGANJ ======================================================
1. Seraj Ali, Son of Aalam Rasul, Resident of Gajipur, P.S.- Tariya Sujan, District- Kushi Nagar (U.P.) .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 101 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 44 litres of country made liquor.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has no criminal antecedent and has been in judicial custody since 22.08.2017 and other co-accused of this case has already been granted bail by this Court vide order dated 15.09.2017, passed in Cr. Misc. No. 44757 of 2017.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.48354 of 2017 (2) dt.12-10-2017 Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent and further other co-accused has already been granted bail by this Court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -II, Gopalganj, in connection with Gopalpur P.S. Case No. 101 of 2017.
(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) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T