Basant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38174 of 2017 Arising Out of PS. Case No.-203 Year-2015 Thana- MUFFASIL District- Aurangabad ====================================================== BASANT KUMAR SINGH, Son of Baijnath Singh, Resident of VillagePachamo, P.O.-Baluganj, P.S.-Dhibra District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

SMT SANGEETA SHARMA ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 25-08-2017 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 272 and 273 of the Indian Penal Code and Section 47 (A) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 125 litres country made liquor were recovered from the bolero vehicle. It is further contended that since the F.I.R. was lodged on 07.09.2015, the case would be governed by the Old Excise Act and not under the New Excise Act, 2016. However, petitioner is involved in 11 cases of different nature and few of them are under Excise Act. Petitioner is in custody since 03.06.2017.

Patna High Court Cr.Misc. No.38174 of 2017(4) dt.25-08-2017 2/3 Having regard to the facts and the circumstances of the case, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 203/15. Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then 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, Aurangabad 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 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

Patna High Court Cr.Misc. No.38174 of 2017(4) dt.25-08-2017 3/3 of Police upon his appearance.

(Dr. Ravi Ranjan, J) Sanjay/- U T