Vishal Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.3299 of 2017 (2) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3299 of 2017 Arising Out of PS.Case No. -410 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vishal Kumar, S/o Chandrika Prasad Yadav, R/v- Ekdari P.S.- Chhauradano, Distt- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Ghorasahan (Jharokhar) P.S. Case No. 410 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(A) of Bihar Excise (Amendment)Act, 2016. The petitioner being driver of the motorcycle along with co-accused was caught and on the motorcycle in a bag 90 bottles Nepali liquor each containing 300 ml. total 27 liter was recovered. Submission is of false implication and that the petitioner has been made victim of circumstances, nothing has been recovered from conscious possession of the petitioner and he having no criminal antecedent is in custody since 18.10.2016.

Patna High Court Cr.Misc. No.3299 of 2017 (2) dt.20-02-2017 Learned APP submits that considering the period of detention now lenient view can be taken.

In the facts and circumstances stated above, the 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 the learned S.D.J.M., Sikrahana, Raxaul, Motihari in connection with Ghorasahan (Jharokhar) P.S. Case No. 410 of 2016, 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) avin/- U T