Patna High CourtCR. MISC./5493/2017bail granted

Santosh Rai v. The State Of Bihar

2017-02-10Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.5493 of 2017 (2) dt.10-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5493 of 2017 Arising Out of PS.Case No. -345 Year- 2016 Thana -BHAGWAN BAZAR District- SARAN ====================================================== Santosh Rai, S/o Lakshmann Rai, Resident of Village- Ajmerganj, P.S.- Rivilganj, District- Saran at Chapra.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Prabhakar Singh For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 02.12.2016 in connection with Bhagwan Bazar P.S. Case No. 345 of 2016 for the offences alleged under Sections 30 of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated as recovery of only 15 litres of country made liquor (Mahua) from his possession is denied. The petitioner has already suffered custody for more than two months. Petitioner claims clean antecedents.

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

Patna High Court Cr.Misc. No.5493 of 2017 (2) dt.10-02-2017 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, in connection with Bhagwan Bazar P.S. Case No. 345 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) 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.

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