Sunil Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.47343 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47343 of 2017 Arising Out of PS.Case No. -279 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================

1. Sunil Yadav, Son of Bhikam Yadav,

2. Dhanjee Thakur, Son of Gariba Thakur, Both R/o Village- Gaighat, P.S.- Brahmpur, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyapal Singh For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The petitioners seek regular bail in connection with Brahmpur P.S.Case No.279 of 2017 registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is about recovery of 18 ltrs. of liquor from the possession of the petitioners and other accused persons.

Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in this case and nothing has been recovered from their possession. They are in custody for two months and they have no criminal antecedent. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.47343 of 2017 (2) dt.12-10-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Jduge-IInd-cum-Special Judge, Excise Act, Buxar in connection with Brahmpur P.S.Case no.279 of 2017.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate 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 genuine reason, their bail bond shall be cancelled.

(iv) If their active participation is found in such type of cases in future, their bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

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