Patna High CourtCR. MISC./60339/2018bail granted

Arun Jaiswal And ANR v. The State Of Bihar

2018-10-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60339 of 2018 Arising Out of PS.Case No. -235 Year- 2018 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Arun Jaiswal, S/o Late Shyam Lal Jaiswal ,

2. Rahual Jaishwal S/o Late Rajendra Prasad Jaiswal, Both R/o Vill.- Navaganj, P.S.- Chakiya, District- Chaundauli (U.P.). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjay Kumar Patel For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.

The petitioners seek regular bail in connection with Chainpur P.S.Case No.235 of 2018 registered for offences punishable under Sections 30(A) of Bihar Prohibition and Excise Act, 2016..

Allegation against the petitioners is about recovery of 8.4 ltrs. of liquor from the motorcycle.

Submission of the learned counsel for the petitioners is that they have no criminal antecedent and they have been falsely implicated in this case. They are in custody since 1.9.2018. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named,

Patna High Court Cr.Misc. No.60339 of 2018 (2) dt.06-10-2018 2/2 be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge Excise -cum -ADJ VI, Kaimur at Bhabhua in connection with Chainpur P.S.Case No.235 of 2018.

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 in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T