Patna High CourtCR. MISC./6574/2018bail granted

Deepak Kumar v. The State Of Bihar

2018-02-15Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.6574 of 2018 (2) dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6574 of 2018 Arising Out of PS.Case No. -538 Year- 2017 Thana -MAJORGANJ District- SITAMARHI ====================================================== Deepak Kumar S/o Bhagnarayan Paswan, R/o Village- Pakari, P.S.- Majorganj, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Adv For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.12.2017 in connection with Majorganj P.S. Case No. 538 of 2017 for the alleged offences under Sections 272, 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 13.5 litres of Nepali Saufi wine. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of custody since 13.12.2017, 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 A.D.J-II-cum- Special Judge, Excise Act, Sitamarhi in connection with Majorganj P.S. Case No. 538 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.6574 of 2018 (2) dt.15-02-2018 petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate 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) Chandran/BT U T