Sukar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4128 of 2016 Arising Out of PS.Case No. -134 Year- 2015 Thana -KOCHAS District- SASARAM (ROHTAS) ====================================================== Sukar Paswan son of Bhola Paswan, Resident of village- Chhatauna, P.S.- Nokha, District- Rohtas .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kochas P.S. Case No. 134 of 2015 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47(a) Excise Act.

Allegedly, 1100 bottles each containing 200 ml. country made liquor were recovered from the Bolero and the petitioner was caught after chase whereas one person succeeded in fleeing away.

Submission is of false implication and that the petitioner has been made victim of the circumstances, he is a poor driver and has been made victim of the police atrocities

Patna High Court Cr.Misc. No.4128 of 2016 (3) dt.18-03-2016 2/2 and the petitioner is suffering in custody since 15.11.2015, to which the learned APP opposes by submitting that earlier also, the petitioner was an accused in Kochas P.S. Case No. 105 of 2015 under Section 47(a) Excise Act.

In the facts and circumstances stated above, considering the detention of the petitioner, now, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sasaram, District-Rohtas in connection with Kochas P.S. Case No. 134 of 2015, 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.) ajaypd./- U T