Kishori Sah @Kishor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27915 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Kishori Sah @kishor Sah Son Of Late Satan Sah @ Satyanarayan Sah Village- Hiramani, Ps- Chhauradano, Dist- East Champran, Motihari. ... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chhauradano P.S. Case No. 276 of 2022 lodged under Sections 272, 273 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

Learned counsel for the petitioner submits that vide order dated 25.03.2023, bail application of the petitioner was rejected by Cr. Misc. no. 74955 of 2022. Counsel further submits that the said rejection was made with the liberty to the petitioner that he may renew his prayer for bail two months after

Patna High Court CR. MISC. No.27915 of 2023(3) dt.26-04-2023 2/3 framing of charge. Counsel submits that the charge has already been framed.

Learned counsel for the State submits that charge has been framed in this case, which is annexed in Annexure-3. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge Exclusive Court No. 2, Motihari, East Champaran, in connection with Chhauradano P.S. Case No. 276 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.27915 of 2023(3) dt.26-04-2023 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T