Patna High CourtCR. MISC./55761/2017bail granted

Md. Gulab v. The State Of Bihar

2017-11-23Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55761 of 2017 Arising out of PS. Case No.-518 Year-2017 ThanaGOVERNMENT OFFICIAL COMP. District- Sitamarhi =============================================== Md. Gulab, Son of Md. Molajim, Resident of Village- Husaina, Police Station- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. : Smt. Divya Bharti, Adv.

For the Opposite Party/s: Mr. Rajballabh Singh, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Sections 272 and 273 of the Indian Penal Code and Sections 30 (A) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 267 litres of Nepali Karishma Wine was allegedly recovered from the joint possession of two persons including the petitioner and Toyota vehicle and motorcycle was also recovered from their possession.

Patna High Court Cr.Misc. No.55761 of 2017(2) dt.23-11-2017 2/2 It is contended on behalf of the petitioner that the petitioner has no connection with the illicit liquor or with the motorcycle or seized vehicle. It is further contended that the co-accused Banti Singh has been granted bail by this Court vide order dated 23.11.2017 passed in Cr. Misc. No. 54648 of 2017. It is urged that the petitioner has remained in custody since 16.09.2017, i.e., for about more than two months. It is claimed that the petitioner is having clean antecedent. Considering the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Complaint Case No. C-2/518 of 2017 with a condition that if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J) Vikash/- U T