Shrawan Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40289 of 2017 Arising out of P.S. Case No.-300 Year-2016 Thana- ALOULI District- Khagaria =============================================== Shrawan Sada Son of Laxmi Sada, R/o Village- Bhikari Ghat, P.S.- Aloulee, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Adv. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Section 37 (b) of the Bihar Prohibition and Excise Act, 2016 and 25(1-b) A of the Arms Act. It is contended that as per allegation, the petitioner was apprehended with one country-made pistol and one live cartridge in a drunken state. Petitioner claims that he is having clean antecedent and is in custody since 12.12.2016. Considering the facts and the circumstances of the case, the petitioner, above named is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten

Patna High Court Cr.Misc. No.40289 of 2017(2) dt.25-08-2017 2/2 Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-III, Khagaria in connection with S.Tr. No. 135 of 2017 arising out of Alouli P.S. Case No. 300 of 2016 with a condition that that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. 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 bonds.

However, at the time of accepting bail bond, the court below will verify and assure itself regarding the criminal antecedent of the petitioner. If the petitioner is having clean antecedent then his bail bond would be accepted otherwise he would not be released on bail.

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