The Patna High Court granted bail to the petitioner accused of possession of foreign liquor, releasing him on a bond of Rs. 10,000 with two close relative sureties given his prolonged custody and early trial stage.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each who must be close relatives.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.59061 of 2017
Arising Out of PS.Case No. -313 Year- 2016 Thana -RAHUI District- NALANDA (BIHARSHARIFF)
====================================================== Raushan Kumar @ Chunnu, S/o Bindeshwari Yadav, R/o VillageJagtnandan Pur, P.S.- Rahui, District- Nalanda.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Chandra, Advocate. For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 06-12-2017 Heard learned counsel for the petitioner and the State.
The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 19.5.2017 passed in Cr. Misc. 19010 of 2017 with liberty to renew his prayer for bail after six months if no substantive progress is made in the trial.
Learned counsel for the petitioner has annexed Annexure-3 which is the order dated 16.11.2017 passed by the court below from which it appears that only cognizance has been taken in this case against the accused persons. It has further been submitted that petitioner is in custody since 26.12.2016.
There is allegation against this petitioner that he was found sitting in the vehicle from which huge quantity of foreign liquor was apprehended by the police. The Seizure list does not
Patna High Court Cr.Misc. No.59061 of 2017 (2) dt.06-12-2017
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bear the signature of the petitioner.
In such circumstances, keeping in view the earlier observation made by this Court in Cr. Misc. 19010 of 2017 and the fact that he is in custody since 26.12.2016 and only cognizance has been taken by the court below, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 6th , Nalanda at Biharsharif, in connection with Rahui P.S. Case No. 313 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.
The petitioner will cooperate in conclusion of the trial and will not try to influence the witnesses or delay in the trial. He will remain present on each and every date of trial till disposal of the case. In the event of default of two consecutive dates, his bail bonds will be liable to be cancelled.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether the petitioner, who was in custody for over seven months with only cognizance taken at the time of hearing, be granted bail.
Raushan Kumar @ Chunnu
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
