Chandan Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.27341 of 2016 (2) dt.14-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27341 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -BENIPATTI District- MADHUBANI ====================================================== Chandan Kumar, aged about 19 years, Son of Sri Suresh Yadav Resident of Village - Agropatti, Police Station - Benipatti, District - Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Bhupendra Narayan Singh, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-07-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 29.03.2016 in connection with Benipatti P.S. Case No. 52 of 2016 for the offences alleged under Sections 372, 373 of the Indian Penal Code and 47 of the Excise Act.
3. It is submitted that the petitioner has been falsely implicated as being merely a tempo driver, he had no knowledge of the offending goods kept in the tempo by some unknown passengers who had fled away. It is further stated that the date of alleged occurrence is 29.03.2016 prior to the amendment in the Excise Act. It is further stated that investigation in the case is now complete and chargesheet has been submitted.
4. Having regard to the entirety of the facts and
Patna High Court Cr.Misc. No.27341 of 2016 (2) dt.14-07-2016 circumstances of the case, let the petitioner Chandan Kumar be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipatti, DistrictMadhubani in connection with Benipatti P.S. Case No. 52 of 2016 with condition that the petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/- U