Vijay Das v. The State Of Bihar

Patna High Court Cr.Misc. No.22461 of 2016 (2) dt.24-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22461 of 2016 Arising Out of PS.Case No. -288 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Vijay Das S/o Ganesh Das, R/o Village- Pakhnaha Jitwar, P.S.- Minapur (Panapur O.P.), District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vipin Kumar For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Minapur P.S. Case No. 288 of 2015 registered for the offences punishable under Sections 272, 273 and 290 of the Indian Penal Code and 47(a) of Excise Act.

Allegedly, acting on a tip off, raid was conducted in the house of the petitioner but the family members of the petitioner fled away and after search from the house, 300 litres spirit was recovered.

Submission is of false implication and that the petitioner is in custody since 21.03.2016, nothing has been recovered from conscious possession of the petitioner, the house is joint family property, on the seizure list, there is no signature of

Patna High Court Cr.Misc. No.22461 of 2016 (2) dt.24-05-2016 any of the family members of the petitioner, the petitioner has got clean antecedent and, as such, he deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, considering the custody of the petitioner, now he 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 the learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 288 of 2015, subject to the conditions that one of the bailors must be a 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) Mishra/- U T