Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18082 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Birendra Kumar, son of Vidyanand Yadav, resident of Village- Jirba, P.S. Sour Bazar, District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Madhepura P.S.Case No. 109 of 2017 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation is that on the basis of confessional statement of co-accused five litres of foreign liquor has been recovered from the house of the petitioner.

It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he has falsely been implicated at the instance of co-accused in this case and he has remained in custody for about two months.

Heard learned APP also.

Having heard both sides and considering the facts and

Patna High Court Cr.Misc. No.18082 of 2017 (2) dt.19-04-2017 2/2 circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S.Case No.109 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U