Patna High CourtCR. MISC./49721/2016bail granted

Santosh Kumar @ Vijay Prasad v. The State Of Bihar

2017-01-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49721 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -RAMGARHWA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Santosh Kumar @ Vijay Prasad, son of Chhotelal Prasad, Resident of Village Novkathwa, P.O. and P.S. Ramgarhwa District East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pravin Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for regular bail in connection with Ramgarhwa P.S. Case No. 21 of 2016 for the offences alleged under Sections 272, 273, 290 of the Indian Penal Code and Section 47(A) of the Excise Act having earlier been rejected by this Court by order dated 21.07.2016 in Cr. Misc. No. 24767 of 2016.

3. It is submitted that in subsequent developments, similarly situated co-accused Chhotelal Prasad @ Chhote Lal Sah has been granted regular bail in Cr. Misc. No. 30992 of 2016. It is further submitted that the petitioner has already suffered custody for about nine months. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 Sub-Divisional Judicial Magistrate, Raxaul, East Champaran in connection with Ramgarhwa P.S. Case No. 21 of 2016

Patna High Court Cr.Misc. No.49721 of 2016 (2) dt.18-01-2017 2/2 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T