Patna High CourtCR. MISC./10140/2017bail granted

Dipu Kumar v. The State Of Bihar

2017-03-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10140 of 2017 Arising Out of PS.Case No. -158 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dipu Kumar Son of Birendra Prasad, Resident of Village- Koiriya Tola Ward No. 24, P.O. & P.S. Raxaul, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Mr. Alok Anand For the Opposite Party/s :

Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard the parties.

This application has been filed in connection with Raxaul P.S.Case No.158 of 2016 for the offence under Sections 47(A) and 54 of Bihar Excise Amendment Act, 2016.

It is submitted on behalf of the petitioner that he has clean antecedent and remanded in custody for about eight months as there is allegation of recovery of 01 ltr. Country-made liquor. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the petitioner has remained in custody for a sufficient period, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like

Patna High Court Cr.Misc. No.10140 of 2017 (3) dt.20-03-2017 2/2 amount each to the satisfaction of S.D.J.M., Raxaul at Motihari, East Champaran in connection with Raxaul P.S.Case No.158 of 2016.

With 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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate 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 to 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U