Ashok Kumar Rai @ Ashok Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.46063 of 2015 (2) dt.13-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46063 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -JALALPUR District- SARAN ======================================================

1. Ashok Kumar Rai @ Ashok Rai son of Hareswar Rai, Resident of atChhota Telpa, P.S.- Chhapra Town, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Nirmal Kumar Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-10-2015 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of regular bail arises out of Jalalpur P.S. Case No. 90 of 2015, disclosing offences under Sections 272,273 of the Indian Penal Code and Section 47(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits, referring to the First Information, that he has been implicated only on the allegation that he was found fleeing away on seeing the police. He submits that the seized country made liquor was not recovered from the possession of the petitioner. He also submits that this is for the first time that he has been implicated in the case under

Patna High Court Cr.Misc. No.46063 of 2015 (2) dt.13-10-2015 Section 47(a) of the Bihar Excise Act.

Considering the said submission, this application is allowed. Let petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Sri S.K. Rai, Saran at Chhapra in Jalalpur P.S. Case No. 90 of 2015.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

It is made clear that if the petitioner is found indulging in similar activities in future, the prosecution shall be at liberty to approach this Court for cancellation for the bail bonds to be furnished in compliance of the present order. (Chakradhari Sharan Singh, J) ArunKumar/- U