Tapas Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41780 of 2016 Arising Out of PS.Case No. -377 Year- 2016 Thana -FORBESGANJ District- ARRARIA ====================================================== Tapas Kumar Das S/o late Shishu Ranjan Das, Resident of Ward No. 10 Sadar Road, P.S. Forbisganj, District Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Choubey, Advocate For the Opposite Party : Mr. Smt Sangeeta Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Forbesganj P.S Case No. 377 of 2016 registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 47 of the Bihar Excise Amendment Act, 2016.

Allegedly, during raid at the garage of Taapas Kumar Mitra @ Chhotu Mistri, one Bolero and one Tata Indica car was found parked having one person at driving seat, who were interrogated and further on search 20 bottles of Royal Stag wine was found in Bolero and 18 bottles of Royal Stag wine was found in Tata Indica Car, the petitioner happens to be occupant of the bolero while the Shiv Gopal was of Tata Indica. Further it has been disclosed that Sujan Saha had made confession wherein he had admitted that he brought the aforesaid

Patna High Court Cr.Misc. No.41780 of 2016 (2) dt.06-10-2016 2/2 bottles of wine from West Bengal, and sold it to the petitioner along with others, who happens to be engaged in unauthorized business of wine.

Submissions is of false implication and that the petitioner has got no criminal antecedent, he is in custody since 31.07.2016 similarly situated co-accused Shiv Gopal Jaiswal has been allowed bail by another co-ordinate Bench of this Court vide Cri. Misc. No. 40039 of 2016 and, as such, the petitioner deserves sympathetic consideration, to which learned A.P.P. does not oppose.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S Case No. 377 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T