Patna High CourtCR. MISC./44336/2017bail granted

Tuntun Paswan v. The State Of Bihar

2017-09-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44336 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================

1. Tuntun Paswan, S/o Chanarik Paswan @ Chandrika Paswan R/o VillageDhanauti, P.S.-Hajipur Industrial Area, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Industrial Area P.S.Case No.43 of 2017 registered for offences punishable under Sections 30 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 100 ltrs. of liquor from the cycle of the petitioner. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. The story is not probable. He is not accused in similar type of case. The petitioner has remained in custody for about 02 months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.44336 of 2017 (2) dt.15-09-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned Addl. Sessions Judge-II-cum-Special Judge, Vaishali at Hajipur in connection with Industrial Area P.S.Case No.43 of 2017.

With 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 co-operate 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, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

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