Abhay Kumar Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.44777 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44777 of 2017 Arising Out of PS.Case No. -178 Year- 2017 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Abhay Kumar Singh, Son of Virendra Singh

2. Vivek Singh, son of Late Fulgen Singh Both residents of Village - Phanda, P.S - Paroo, District - Muzaffarpur. .... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioners seek regular bail in connection with Vaishali P.S. Case No. 178 of 2017, registered for offences punishable under Sections 30(A), 32(2). 35(A), 41(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 174 litres of foreign liquor. It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and have no criminal antecedent and have been in judicial custody since 15.07.2017 and other co-accused persons have already been granted bail a coordinate Bench of this Court vide order dated 19.08.2017, passed in Cr. Misc. No. 38876 of 2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of

Patna High Court Cr.Misc. No.44777 of 2017 (2) dt.15-09-2017 recovery and period of custody and also that petitioners have no criminal antecedent and other co-accused have been granted bail by a coordinate Bench of this Court, let the petitioners 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 Special Court - cum - Additional Sessions Judge -II, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 178 of 2017.

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

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