Jokhu Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49381 of 2017 Arising Out of PS.Case No. -716 Year- 2017 Thana -AGRER District- SASARAM (ROHTAS) ======================================================

1. Jokhu Pasi, Son of Late Ghughali Pasi Resident of Village-Nyay, P.S. Agrer, (Sasaram) District-Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subash Kumar, Advocate For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Sasaram (Town) Agrer P.S.Case No. 716 of 2017 registered for offences punishable under Sections 30 (a), 38 and 41 of Bihar Prohibition and Excise act, 2016 and Sections 25 (1-b) A and 26 Arms Act.

Allegation against the petitioner is of recovery of 45 pouches of illegal country made wine from possession of the petitioner and petitioner was arrested on the spot. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case merely on the basis of suspicion and nothing has been recovered from his

Patna High Court Cr.Misc. No.49381 of 2017 (2) dt.13-10-2017 2/3 possession or behind the house of the petitioner. Further submission is that the petitioner has no criminal antecedent and he is in custody since four months.

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. 5,000/- ( Rupees Five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-Cum Special Judge, Excise, Rohtas at Sasaram in Sasaram (Town) Agrer P.S.Case No. 716 of 2017, subject to the 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 cooperate 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

Patna High Court Cr.Misc. No.49381 of 2017 (2) dt.13-10-2017 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

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