Visheshwar Kapar @ Viseshwor Kapar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50935 of 2017 Arising Out of PS. Case No.-104 Year-2017 Thana- KANHAULI District- Sitamarhi ====================================================== Visheshwar Kapar @ Viseshwor Kapar, Son of Yogi Kapar, Resident of Village- Khap, P.S.- Kanhauli, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. BHANU PRATAP SINGH, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30 (a) of Bihar Excise Amendment Act, 2016.

It is contended that, as per allegation, 114 liters of Nepali liquor was recovered from the possession of the petitioner. It is urged that the petitioner is in custody since 28.08.2017. It is stated in paragraph 3 of the bail petition that the petitioner has also involved in Kanhauli P.S. Case No.67 of 2017 under Sections 273 of the Indian Penal Code and Section 30 (A) of Bihar Excise Amendment Act, 2016.

Patna High Court Cr.Misc. No.50935 of 2017(2) dt.09-11-2017 2/3 Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional District Judge-cum-Special Judge, Excise Act, Sitamarhi in connection with Kanhauli P.S. Case No.104 of 2017 with a condition that 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, Sitamarhi 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 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

Patna High Court Cr.Misc. No.50935 of 2017(2) dt.09-11-2017 3/3 Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T