Manish Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.45426 of 2017 (2) dt.18-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45426 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================
1. Manish Kumar S/o Mahesh Yadav @ Mahesh Kumar, resident of Village- Gulariya Chak, P.S.- M.M., Gaya, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lilawati Singh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 The petitioner seeks regular bail in connection with Magadh Medical P.S. Case No. 37 of 2017, registered for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.
Allegation is of recovery of 150 litres of country made wine.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has been in judicial custody since 03.08.2017. So far criminal antecedent is concerned, it is submitted that petitioner is accused in one more case but that is not of similar nature as the present one and he has been on bail in that case.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.45426 of 2017 (2) dt.18-09-2017 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 Court of Special Judge, (Excise), Gaya, in connection with Magadh Medical P.S. Case No. 37 of 2017. (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