Rajiv Kumar Singh @ Chhotu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38687 of 2017 Arising Out of PS. Case No.-73 Year-2017 Thana- KALYANPUR District- Samastipur ====================================================== Rajiv Kumar Singh @ Chhotu Kumar Singh, Son of Awadhesh Kumar Singh, Resident of Village- Shambhu Patti, P.S.- Samastipur Muffasil, DistrictSamastipur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s S.N.P.Sinha, Sr. Advocate and Rashmi Bharti, Advocate For the Opposite Party/s :
DR. INDIWAR KUMARI ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-08-2017 I have heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case registered for offences punishable under Sections 272 & 273 of the Indian Penal Code and Sections 30 / 38 of the Bihar Prohibition and Excise Act, 2016.
It is contended that, as per allegation, several people were present near brick kiln and from a truck huge quantity of liquor was being unloaded and seeing the police party they tried to escape but five of them were apprehended and apprehended persons disclosed the name of one Chhotu Kumar Singh and on that basis the petitioner Rajiv Kumar Singh has been implicated in this case. Petitioner claims that he surrendered on
Patna High Court Cr.Misc. No.38687 of 2017(2) dt.19-08-2017 2/3 20.6.2017. It is submitted that after his surrender in the present case he has also been implicated in two other cases detailed in paragraph no. 3 of the bail application.
Having regard to the facts and circumstances of the case, the above named 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 Addl. Sessions Judge VI - cum - Special Judge, Excise Act, Samastipur in connection with Kalyanpur P.S. Case No. 73 of 2017.
If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.
That apart, in view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Samastipur within fifteen days of his release with a copy of this order and every month 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
Patna High Court Cr.Misc. No.38687 of 2017(2) dt.19-08-2017 3/3 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 concerned upon his appearance. (Dr. Ravi Ranjan, J) Spd/- U T