Patna High CourtCR. MISC./49101/2015bail granted

Binod Bishwas v. The State Of Bihar

2015-11-03Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49101 of 2015 Arising Out of PS.Case No. -368 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Binod Bishwas, Son of Hardeo Bishwas, resident of Village- Majhua, Police Station- Forbesganj in the district of Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-11-2015 Heard the Counsel for the petitioner and Mr. Dayal, APP for the State.

Apprehending his arrest in connection with Forbesganj P.S. Case No. 368 of 2015 (G.R. No. 2310 of 2015) registered under Sections 290, 272 and 273 of the Indian Penal Code and Section 47A of the Excise Act, the present application has been filed for grant of anticipatory bail. It is alleged that the petitioner when accosted, left the motorcycle and escaped. From the motorcycle, certain quantity of country made liquor was recovered. It is stated that the petitioner was not found with the motorcycle. He is not carrying any such criminal antecedent.

Considering the above, in the event of arrest or

Patna High Court Cr.Misc. No.49101 of 2015 (2) dt.03-11-2015 2/2 surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in Forbesganj P.S. Case No. 368 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T