Pawan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14737 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Pawan Rai Son of Shri Suresh Rai, resident of Village - Terasia, P.S. Ganga Bridge, District - Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 28-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Sections 272 and 273 of the Indian Penal Code as also under Section 47(a) of the Bihar Excise Act, 1915. Though the petitioner is named in the first information report vide Annexure-1 as an accused and there is allegation of recovery of 150 litres of country liquor, but taking into consideration the fact that he is in judicial custody since 01.02.2015 and even charges have not been framed against him till date, his prayer for bail is allowed. The above named petitioner is ordered to be released on bail on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S.Case No. 14 of 2015, subject to the following conditions: (A) one of the bailors must be a government servant, (B) another bailor shall be a close family member or a close relation of the petitioner who will file an

Patna High Court Cr.Misc. No.14737 of 2015 (2) dt.28-05-2015 2/2 affidavit in the court below showing his/her relationship with the petitioner, (C) if the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, and (D) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Prasad Verma, J) Tahir/- U