Jagarnath Patel @Jagannath Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4288 of 2017 Arising Out of PS.Case No. -369 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Jagarnath Patel @jagannath Patel, Son of Satu Patel @ Chhathu Patel, Resident of Village- Pachaharaba, P/s- Majorganj, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 The petitioner is in custody since 09.11.2016 in connection with Case No. C2/369/2016, registered for offences punishable under Sections 30(a) of Bihar Excise (Amendment) Act, 2016.

It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case due to political rivalry with a villager. In this case there is recovery of only 9 litres of Nepali liquor for which he has been in judicial custody since 09.11.2016 and he has no criminal antecedent. Heard learned A.P.P. also.

Having heard both side, considering the facts and circumstances of the case, quantity of the alleged recovery and period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 15,000 (Rs. Fifteen Thousand) with

Patna High Court Cr.Misc. No.4288 of 2017 (2) dt.14-02-2017 2/2 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Case No. C2/369/2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T