Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4297 of 2017 Arising Out of PS.Case No. -618 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Rohit Kumar Son of - Upendra Poddar Resident of Village- Baijnathpur, Police Station- Saur Bazar, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 The petitioner is in custody since 28.09.2016 in connection with Madhepura P.S. Case No. 618 of 2016, registered for offences punishable under Sections 47(a)(g) of Bihar Excise (Amendment) Act, 2016.

Allegation is of recovery of 120 bottles of Roya Stag whisky each containing 375 M.L. and 24 bottles of Imperial Blue, each containing 375 M.L.

It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case at the instance of police as the petitioner was not ready to become the seizure list witness in this case. However, other co-accused of this case having similar allegation has already been granted the privilege of regular bail by this Court vide order dated 19.12.2016 passed in

Patna High Court Cr.Misc. No.4297 of 2017 (2) dt.14-02-2017 2/3 Criminal Miscellaneous No. 52449 of 2016 and the petitioner is in judicial custody since 28.09.2016 and has no criminal antecedent. Heard learned A.P.P. also.

Having heard both side, considering the facts and circumstances of the case, nature of offence and period of custody and also the co-accused person of this case having similar allegation has already been granted regular bail, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No. 618 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

Patna High Court Cr.Misc. No.4297 of 2017 (2) dt.14-02-2017 3/3 court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U