Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23974 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -MUFFASIL District- AURANGABAD ====================================================== Anil Kumar Son of Jagnarayan Ram, Resident of Village/Mohalla- New Area Aurangabad, P.S.- Aurangabad, District- Aurangabad (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailesh Kumar Singh, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.03.2017 in connection with Aurangabad Muffasil P.S. Case No. 27 of 2017 for the offences alleged under Section 420/120B of the Indian Penal Code and Section 30(K) of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated as he has no concern with the recovery of the liquor from Hywa vehicle (Truck) as admittedly the petitioner and other persons came subsequently on Swift Dezire car. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 11.03.2017 already suffered, 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 of learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Aurangabad Muffasil P.S. Case No. 27 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.23974 of 2017 (3) dt.06-07-2017 2/2 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 shall remain physically present in court 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) B.T/Ibrar U T