Harendra Tripathi @ Harendra Nath Tripathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33717 of 2017 Arising Out of PS. Case No.-50 Year-2017 Thana- SAHPUR District- Bhojpur ====================================================== Harendra Tripathi @ Harendra Nath Tripathy, Son of Sri Shivakant Tripathi, R/o Village- Bilauti, P.S.- Shahpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Verma For the Respondent/s :

Mr. RAM BILASH ROY RAMAN ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 20-07-2017 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no.10 of this application.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 30(a), 56(d)/53 of the Bihar Prohibition and Excise Act, 2016 and Section 25(1-b) a, 26 and 35 of the Arms Act.

It is contended that, as per allegation, 90 bottles English wine were recovered from the vehicle in which petitioner was being boarded. It is further contended that loaded pistol was recovered from the co-accused, vinod yadav. There is

Patna High Court Cr.Misc. No.33717 of 2017() dt.20-07-2017 2/3 no incriminating material recovered from the petitioner rather only a celphone was recovered from his possession. Petitioner is in custody since 23.03.2017.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of 4th A.D.J., Ara in connection with Excise Case No.55 of 2017, Shahpur P.S. Case No.50 of 2017. Further, if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bond.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Bhojpur within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months.

The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report

Patna High Court Cr.Misc. No.33717 of 2017() dt.20-07-2017 3/3 shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police upon his appearance.

(Dr. Ravi Ranjan, J) sanjay U T