Radheshyam Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1858 of 2017 (2) dt.20-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1858 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Radheshyam Kumar, Son of Late Vishwanath Sah, Resident of VillageBulaki Tola, P.S. Rajepur, District- East Champaran..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rajepur P.S. Case No. 106 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 47A/53©/54 of Bihar Excise Amendment Act, 2016. Allegedly, from the hut of the petitioner four empty bottles of foreign liquor each of 180 ml. and one bottle containing 60 ml. foreign wine were recovered and the petitioner was apprehended. He is in custody since 14.11.2016. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.1858 of 2017 (2) dt.20-01-2017 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Rajepur P.S. Case No. 106 of 2016, 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) avin/- U T