Baban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47207 of 2017 Arising Out of PS.Case No. -332 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================

1. Baban Singh Son of Sri Chandra Kishore Singh, R/o Village & P.S.- Ward No.-3, Koshi Colony, Birpur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Supaul P.S.Caase No.332 of 2017 registered for offences punishable under Sections 447, 341, 323, 333, 353, 504 and Sections 37 (a), 3(c) and 45of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner as per FIR is that the petitioner was caught in the drunken condition and it also appears that he is accused in 14 other cases but not of similar type. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case as his sister who is Chairman of the District Board has got initiated proceeding against the District Magistrate and at the instance of

the District Magistrate, those cases have been lodged. The petitioner is in custody for four months.

Having heard both sides and in view of the facts and 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 District Judge-II-cumSpecial Judge (Excise), Supaul in connection with Sessions Trial (Excise) No.599 of 2017 arising out of Supaul P.S.Case No.332 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 the disposal of trial and make himself available as and when required by the court and on 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