Patna High CourtCR. MISC./5439/2017bail granted

Janglish Kumar v. The State Of Bihar

2017-02-07Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.5439 of 2017 (2) dt.07-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5439 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -SANOKHAR District- BHAGALPUR ====================================================== Janglish Kumar, son of Manish Das, resident of Village- Saino, P.S. Jagdishpur, District- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Janki Nandan Prasad, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.07.2016 in connection with Sanokhar (Amanda) P.S. Case No. 57 of 2016 for the offences alleged under Sections 188, 269, 272, 273/34 of the Indian Penal Code and 47 of Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated as the petitioner happens to be the passenger in the auto rickshaw from which the recovery of 470 pouches of 200 ml. each of the offending goods were made. Petitioner claims clean antecedents and has already suffered over six months in custody.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.5439 of 2017 (2) dt.07-02-2017 of learned Additional Chief Judicial Magistrate-4th, Bhagalpur, in connection with Sanokhar (Amanda) P.S. Case No. 57 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner will be well represented on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T