Hasmuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52565 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Hasmuddin S/o Md. Salauddin Village - Murai P.S. Dhaka (O.P. - Panchpakari), District - East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sub Inspector Azad Gautam S.S.B. 602/1791, Baijariya Road Dubga, P.O. + P.S. Kakori, District Lucknow (U.P.) at present C - Samway Company Sasastra Sima Bal Kundwa Chainpur, P.O. + P.S. Kundwa Chainpur District - East Champaran.

.... .... Opposite Parties ====================================================== Appearance:

For the Petitioner : Mr. Sharda Nand Mishra, Advocate For the Opposite Parties : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 07.09.2016 in connection with Kundwa Chainpur P.S. Case No. 80 of 2016 for the alleged offences under Sections 272, 273 of the Indian Penal Code and Section 47(A) and 54 of the Bihar Excise Act.

3. It is submitted that the petitioner has been falsely implicated owing to party politics. The petitioner denies the recovery of the offending goods from his conscious possession. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and 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 S.D.J.M., Sikarahana, District East Champaran, Motihari in connection with Kundwa Chainpur P.S. Case No. 80 of 2016 on the following conditions -

Patna High Court Cr.Misc. No.52565 of 2016 (2) dt.16-12-2016 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T