Bindu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48397 of 2017 ======================================================

1. Bindu Bind s/o Shio Murat Bind , R/v- Nibiyya Tand, P.S.- Chainpur, District- Kaimur (Bhabua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bhagwanpur P.S.Case No.108 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 10 ltrs. of country made liquor from the possession of the coaccused and the petitioner was arrested on the spot.. Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner rather from the other co-accused persons and he is not accused in similar type of cases. Now the petitioner has remained in custody for more than two months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge (Excise)-cum-Addl. District Judge-VI, Kaimur at Bhabhua in connection with Excise Case No.1302 of 2017 arising out of Bhagwanpur P.S.Case no.108 of 2017.

With following conditions :

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

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

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

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