Bikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22995 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Bikash Kumar, son of Vijay Kumar Mahto, resident of VillagePrembrahanda, P.S.- Ujiyarpur, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjan Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Ujiyarpur P.S.Case No. 03 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(a) (d), 35(a) of Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is of recovery of 84 litres of liquor from the house of the petitioner. It has been submitted on behalf of the petitioner that seizure list itself shows that recovery has been made from the house of other accused, who happens to be his father as father of the petitioner has fled away and this petitioner has been arrested having clean antecedent and he is a student and has remained in custody for more than four months.

Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.22995 of 2017 (2) dt.15-05-2017 2/2 facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Dalsingsarai, Samastipur, in connection with Ujiyarpur P.S.Case No. 03 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) 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 to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U