Kanhaiya Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18900 of 2017 Arising Out of PS.Case No. -347 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Kanhaiya Pasi, Son of Late Buni Pasi, resident of Village Khajurbani, P.S. Gopalganj, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Gopalganj Town (Gopalganj) P.S. Case No. 347 of 2016 registered for the offence punishable under Section 47(A) of Excise Act and Section 57 of Bihar Excise Amendment Act, 2016.

Submission is of false implication as petitioner is innocent. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Similarly situated other co-accused persons have already been granted bail by different co-ordinate Benches of this Court and, as such, the petitioner also deserves sympathetic consideration as he is suffering in custody since 09.09.2016.

Patna High Court Cr.Misc. No.18900 of 2017 (4) dt.30-05-2017 2/2 The learned A.P.P. fairly submits that other co-accused persons have already been granted bail.

In the facts and circumstances stated above, the above named petitioner is also 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 C.J.M., Gopalganj in connection with Gopalganj Town (Gopalganj) P.S. Case No. 347 of 2016 subject to the conditions that one of the bailors must be 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.

(S. Kumar, J) sushma/- U T