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Patna High CourtCR. MISC./24943/2016bail granted

Raushan Kumar v. The State Of Bihar

2016-07-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24943 of 2016 Arising Out of PS.Case No. -76 Year- 2016 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Raushan Kumar, Son of Rajo Yadav, Resident of village - Mehdi Bigha, P.S. Chandi, District - Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kishor Prasad, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.03.2016 in connection with Noorsarai P.S. Case No. 76 of 2016 for the offences alleged under Sections 270, 290 and 414 of the Indian Penal Code and Section 47A of the Excise Act.

3. It is submitted that the petitioner has been falsely implicated and in any event, the alleged offence relates to the period prior to the recent amendment to the Bihar Excise Act. Similarly situated co-accused Santosh Kumar and Radhey Kumar have been granted bail by this Court in Cr. Misc. No. 25424 of 2016. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.24943 of 2016 (3) dt.26-07-2016 2/2 circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 76 of 2016 with additional conditions that one of the bailors will be a close relative of the petitioner; and the petitioner shall remain physically present on each and every date during trial and in the event of failure to do so on three consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the Court concerned.

(Vikash Jain, J) B.T/- U T