Bindeshwar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.58358 of 2015 (2) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58358 of 2015 Arising Out of PS.Case No. -537 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Bindeshwar Sah Son of Joginder Sah Resident of Village - Olipur, P.S.- Runnisaidpur, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Runnisaidpur P.S. Case No. 537 of 2015 registered for the offences punishable under Sections 272, 273, 308 of the Indian Penal Code and Section 47 (a) of Excise Act.

Allegedly, the petitioner was caught when he was sealing the bottle of wine whereas other succeeded in fleeing away and from place of occurrence 280 pieces of different brands of wine each containing 180 ml. and 20 pieces of country made liquor each bottle containing 200 ml. besides other incriminating articles and blank wrapper of different brands were recovered. Submission is of false implication and that the petitioner has been made victim of circumstances, his signature has been

Patna High Court Cr.Misc. No.58358 of 2015 (2) dt.01-02-2016 obtained forcibly on the blank paper which has been converted into seizure list and he has no criminal history and by remaining in custody since 08.10.2015 has been sufficiently penalized to which the learned APP does not dispute.

In the facts and circumstances stated above, considering the period of detention, 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 Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 537 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) avin/- U T