Tufan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68106 of 2018 Arising Out of PS. Case No.-310 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Tufan Kumar son of Bikrama Mahto @ Bikram Mahto Resident of VillageGarabhuwa Police Station Sirisia (Chanpatia), District West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lalan Kumar Verma For the Opposite Party/s :
Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-11-2018 Heard the parties.
The petitioner seeks regular bail in connection with Chanpatia (Sirisia O.P.) P.S.Case No.310 of 2018 dated 15.7.2018 registered for offences punishable under Sections 30 and 30 (A) of the Bihar Prohibition and Excise Act, 2016 of the Indian Penal Code and Section 414 of the IPC. Allegation against the petitioner is about recovery of 07 ltrs. of liquor from the possession of the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, having no criminal antecedent and he is in custody since 16.7.2018.. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.68106 of 2018(2) dt.30-11-2018 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Bettiah (West Champaran) in connection with Chanpatia (Sirisiya Out Post ) P.S.Case No.310 of 2018.. 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 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 his bail bond.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U