Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22182 of 2016 Arising Out of PS.Case No. -121 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Kundan Kumar, son of Dinesh Prasad Mahto resident of Village - Bindgama, P.S. - Patori (Mahanpur O.P.), District - Samastipur. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Kalayan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence punishable under section 47(a) of Bihar Excise Act, 2016. Allegedly, on search from the room of the petitioner, foreign liquor in huge quantity as per seizure list was recovered and for that the petitioner did not produce any paper. Submission is of false implication and that the petitioner has been made victim of the circumstances, he was not knowing as to what was kept beneath the cot and without any fault, he is suffering in custody since 2.4.2016 having clean antecedent.
In the facts and circumstances stated above, the
Patna High Court Cr.Misc. No.22182 of 2016 (2) dt.23-05-2016 2/2 petitioner, above named, is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Patori (Mohanpur O.P.) P.S. Case No.121 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) N.H./- U T