Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41548 of 2016 Arising Out of PS.Case No. -355 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Gautam Kumar, Son of Sant Vilas Singh, resident of Village - Dahaur, P.S.- Dehri, District- Rohtas (Sasaram).
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashhar Mustafa, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 12.07.2016 in connection with Dehri Nagar P.S. Case No. 355 of 2016 for the offences alleged under Sections 272 and 273/34 of the Indian Penal Code and Section 47(a)/50 of the Bihar Excise Amendment Act.
3. It is submitted that the petitioner has been falsely implicated and the relevant seizure list does not indicate that the sack containing 27 litres of country made liquor was recovered from the possession of the petitioner. Similarly situated co-accused Akhilesh Kumar has been granted bail by this Court in Cr. Misc. No. 39005 of 2016.
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, Dehri, Rohtas in connection with Dehri Nagar P.S. Case No. 355 of 2016 with the following conditions:
(i) That one of the bailors shall be a close relative of the
Patna High Court Cr.Misc. No.41548 of 2016 (2) dt.17-10-2016 /2 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/Chandran U T