Patna High CourtCR. MISC./18687/2017bail granted

Avinash Kumar v. The State Of Bihar

2017-05-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18687 of 2017 Arising Out of PS.Case No. -174 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Avinash Kumar, S/o Devendra Rai, R/o Vill- Sahaniya Patti, P.S.- Sursand, Distt- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Case No. C2/174/17 registered for the offences punishable under Sections 30 (A) of Bihar Prohibition and Excise Act.

Allegedly, the petitioner was caught with motorcycle and nepali liquor AC gold 24 nos. each containing 375 ml.. Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner. He has been made victim of the circumstances, without any fault the petitioner is suffering in custody since 13.3.2017 and, as such, now he deserves sympathetic consideration.

Patna High Court Cr.Misc. No.18687 of 2017 (2) dt.11-05-2017 2/2 The learned A.P.P. opposes the prayer of bail by submitting that recovery was made from possession of the petitioner.

In the facts and circumstances stated above, the above named petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Case No. C2/174/17 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T