Patna High CourtCR. MISC./49346/2017bail granted

Jiyalal Rai v. The State Of Bihar

2017-10-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49346 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -TARIYANI CHAPRA PS District- SHEOHAR ====================================================== Jiyalal Rai, S/o Late Bhikhri Rai, R/o Village- Lohsurka, P.S.- Tariyani Chhapara, District- Sheohar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Tariyani Chhapara P.S. Case No. 06 of 2017 registered for the offences punishable under Sections 30(a), 32(c) and 38 of Bihar Prohibition and Excise Act.

Allegation is of recovery of 6.8 litres of liquor from the field of the petitioner.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and as recovery has been made from open place it cannot be ruled out that the same has been kept there by some other person. Further submission is that he is in custody for one and a half months having no criminal antecedent.

Patna High Court Cr.Misc. No.49346 of 2017 (2) dt.13-10-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be released 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 Additional District & Sessions Judge-I-cumSpecial Judge, Excise Act, Sheohar, in connection with Tariyani Chhapara P.S. Case No. 06 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) If involvement of the petitioner in such type of cases is found in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U