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Patna High CourtCR. MISC./2904/2017bail granted

Ankaj Singh v. The State Of Bihar

2017-02-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2904 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -BIHRA District- SAHARSA ======================================================

1. Ankaj Singh, Son of Sachidanand Singh @ Shreekant Singh, Resident of village - Panchgachhia, P.S. - Bihra Dist- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 The petitioner is in custody since 09.10.2016 in connection with Bihra P.S. Case No. 49 of 2016, registered for offences punishable under Sections 47A of the Bihar Excise Amendment Act, 2016.

It has been submitted on behalf of the petitioner that though there is allegation of recovery of 312 litres of indian made foreign liquor, the same was not recovered from the conscious possession of the petitioner rather that was recovered from the house of petitioner, where other persons also live. It has further been submitted that the petitioner has already remained in custody for more than four months, he may be granted the privilege of regular bail.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody, let the petitioner above named, be released on bail on furnishing

Patna High Court Cr.Misc. No.2904 of 2017 (2) dt.10-02-2017 2/2 bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Bihra P.S. Case No. 49 of 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 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 two 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 if the petitioner again found involved in any of the offences, his bail bond will be cancelled. (Vinod Kumar Sinha, J) sunil/- U