Patna High CourtCR. MISC./44945/2017bail granted

Suresh Sah v. The State Of Bihar

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

Patna High Court Cr.Misc. No.44945 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44945 of 2017 Arising Out of PS.Case No. -429 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Suresh Sah Daroga Sah, R/o Village- Rani Chhapra Tola Malikana, P.S.- Harsidhi, District- East Champaran, Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioner seeks regular bail in connection with Harsidhi P.S. Case No. 429 of 2016, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30, 36, 37(A) and 38 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 576 bottles each containing 180 M.L, 120 bottles each containing 750 M.L. of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has not been arrested on spot rather his name disclosed by some other person. Further he has no criminal antecedent and has been in judicial custody since 17.04.2017 Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44945 of 2017 (2) dt.15-09-2017 Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge, Motihari, East Champaran, in connection with Harsidhi P.S. Case No. 429 of 2016.

(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) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

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