Patna High CourtCR. MISC./26946/2017bail granted

Umashankar Thakur v. The State Of Bihar

2017-07-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26946 of 2017 Arising Out of PS.Case No. -423 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Umashankar Thakur Son of Late Jaimangal Thakur, Resident of Village+ Post- Madhaul, P.S. Saraiya, District Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mrs. Nitu Kumari, Advocate. For the Opposite Party : 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 25.03.2017 in connection with Saraiya P.S. Case No. 423 of 2016 for the offences alleged under Sections 272, 273, 420, 120(B) of the Indian Penal Code and 30(A)/38/41 of the Bihar Excise Amendment Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 121 litres of Royal General Whisky. Recovery of the offending goods from the possession of the petitioner is denied. 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 25.03.2017 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 3rd Additional Sessions Judge-cum-Special Judge Excise Act, Muzaffarpur in connection with Saraiya P.S. Case No. 423 of 2016 with the following conditions:

Patna High Court Cr.Misc. No.26946 of 2017 (3) dt.06-07-2017 2/2 (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 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) Md. Ibrarul/- U T