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Patna High CourtCR. MISC./55031/2016bail granted

Batoran Yadav v. The State Of Bihar

2017-02-08Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55031 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -TARAPUR District- MUNGER ====================================================== Batoran Yadav, Son of Late Ram Yadav, resident of Village- Khudiya (Afzal Nagar), P.S. Tarapur, District- Munger. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Tarkeshwar Pd. Verma, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for bail in connection with Tarapur P.S. Case No. 45 of 2016 having earlier been rejected by order dated 20.08.2016 in Criminal Miscellaneous No. 32990 of 2016.

3. It is submitted that the petitioner has been falsely implicated in respect of the alleged recovery of 18 litres of Mahua liquor. The petitioner claims clean antecedents.

4. Pursuant to the order of this Court dated 18.01.2017, status report dated 27.01.2017 has been received from the court of learned Additional Judicial Magistrate III, Munger, according to which charges were framed in this case on 14.09.2016 and summons have been sent for examination of the prosecution witnesses.

5. Having regard to the entirety of the facts and circumstances of the case as well as period of custody of the petitioner above named, let him 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 Sri Sunil Kumar Singh, learned Judicial Magistrate, Ist Class, Munger in connection with Tarapur

Patna High Court Cr.Misc. No.55031 of 2016 (3) dt.08-02-2017 2/2 P.S. Case No. 45 of 2016 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 will be well represented 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. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Ibrar U T