Patna High CourtCR. MISC./17760/2017bail granted

Suresh Sah And ANR v. The State Of Bihar

2017-04-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17760 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Suresh Sah, Son of Late Thagai Sah, Resident of Village- Mahuawa, P.S.- Naurangia, District- West Champaran (Bihar).

2. Surendra Chaudhary, Son of Kamal Chaudhary, Resident of VillageLaxmipur, Rampurwa, P.S.- Valmiki Nagar, District- West Champaran, (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shafiur Rahman For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 The petitioners are in custody since 04.03.2017 in connection with Valmikinagar P.S. Case No. 18 of 2017, registered for offences punishable under Sections 30A of the Bihar Excise (Amendment) Act, 2016.

Allegation against the petitioners is of recovery of 36 litres of Nepali wine.

It has been submitted on behalf of the petitioners that they have falsely been made accused in this case and further the mobile which was seized does not belong to these petitioners. However, petitioners have been sufficiently been punished for the said offence as they are in custody for more than one and half

Patna High Court Cr.Misc. No.17760 of 2017 (2) dt.19-04-2017 2/2 months and have no criminal antecedents.

Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody and also that petitioners have no criminal antecedents, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJm, Bagaha, West Champaran, in connection with Valmikinagar P.S. Case No. 18/2017.

It is also made clear if the petitioners again found nvolved in any of the like offences, prosecution will be free to move for cancellation of their bail bonds.

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