Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1026 of 2019 Arising Out of PS. Case No.-537 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Suraj Kumar, son of Ram Pravesh @ Pravesh Paswan Resident of VillageManjholi P.S.-Pariaya, Dist.-Gaya ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Verma, Adv.

For the Opposite Party/s :

Mr.Sri Ram Bachan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sherghati P.S. Case No. 537 of 2018 registered for the offences punishable under Sections 272, 273 and 414 of the Indian Penal code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Allegation against and petitioner and one Umesh is recovery of 40 liters of country made liquor from their possession from a motorcycle which was also found to be stolen one.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal

Patna High Court Cr.Misc. No.1026 of 2019(2) dt.24-01-2019 2/2 antecedent and is in custody since 22.09.2018. Similarly placed co-accused Umesh Kumar has been granted bail by this court passed in Cr. Misc. No. 77739 of 2018 vide order dated 03.01.2019.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Sherghati P.S. Case No. 537 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T