Rajiv Banjara @ Rai Jee Banjara @ Ramji Banjara And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23559 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Rajiv Banjara @ Rai Jee Banjara @ Ramji Banjara son fo Late Mushahar Banjara @ Mushar Banjara.

2. Dharmendra Banjara @ Dharmendar Banjara, son of Late Sone Lal Banjara.

3. Rama Banjara, son of Late Mushahar Banjara @ Mushar Banjara. All resident of village- Bhasar P.S. Sitamarhi, District- Sitamarhi. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2017 Heard the parties.

The petitioners seek regular bail in connection with Cae No.G.O.51 of 2017 registered for offences punishable under Sections 30(A) of Bihar Prohibition and Excise Act, 2016 of the Indian Penal Code.

Allegation is about recovery of 13 ltrs. of nepali wine from the possession of the petitioners.

It is submitted on behalf of the petitioners that they have been falsely implicated in this case. The petitioners have clean antecedent and remained in custody for about two months. Heard learned A.P.P. also.

Having heard both sides and considering quantity of liquor as recovered as well as clean antecedent of the petitioners, let the petitioners, above named, be enlarged on bail on furnishing bail

Patna High Court Cr.Misc. No.23559 of 2017 (2) dt.18-05-2017 2/2 bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Pupari, Sitamarhi in connection with Case No.G.O.51 of 2017. With following conditions :

(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) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U