Patna High CourtCR. MISC./60675/2018bail granted

Shyam Singh @ Rajesh Kumar 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.60675 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictARRARIA ======================================================

1. Shyam Singh @ Rajesh Kumar, S/o Late Udai Shankar Sharma @ Udai Shankar Singh, Resident of Village- Mahthi, Ward No. 06, P.S. Bibhutipur, District- Samastipur.

2. Shambhu Singh @ Sheru Singh, S/o Sitaram Singh, Resident of VillageSankhmohan, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 The petitioners are in custody since 02.09.2018 in connection with Excise Case No. 38 of 2018 corresponding to Spl. Case No. 1031 of 2018, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2016. Allegation against the petitioners is of recovery of 92 liters liquor from the dicky of the car.

Submission of learned counsel for the petitioners is that nothing has been recovered from their possession and they were passengers of the said vehicle and having no criminal antecedents. The petitioners are in custody since 02.09.2018. Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let the petitioners above

Patna High Court Cr.Misc. No.60675 of 2018 (2) dt.06-10-2018 2/2 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 2nd Additional Sessions Judge-cum-Spl. Judge, Araria, in connection with Excise Case No. 38 of 2018 corresponding to Spl. Case No. 1031 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 petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part 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.

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