Harendra Kumar Sah @ Harendra Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37930 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Harendra Kumar Sah @ Harendra Kumar Sahu, Son of Govind Sah @ Govind Sahu, resident of Village Pohaddi Bela, P.S. Ghanshyampur, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kalyanpur P.S.Case No.85 of 2017, registered for offences punishable under Section 414 of the Indian Penal Code and Sections 48 and 52 of Bihar Excise Amendment Act, 2016. Allegation against the petitioner as per FIR is that the petitioner was arrested with cash and it is alleged that he was going to purchase liquor.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case. He has no criminal antecedent and remained in custody for about 2 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.37930 of 2017 (4) dt.31-08-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Samastipur in connection with Kalyanpur P.S.Case No.85 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T