Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16111 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -BARAUNI District- BEGUSARAI ====================================================== Murari Kumar, Son of Balmiki Yadav, Resident of Village - Ramdiri, Ram Nagar, P.S. - Matihani, District -Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 The petitioner is in custody since 10.01.2017 in connection with Barauni (Refinery) P.S. Case No. 10 of 2017, registered for offences punishable under Sections 30S of Bihar Excise Amendment Act, 2016.

It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from a Swift car of which the petitioner is a driver and he has nothing to do with the alleged recovery and the vehicle from which recovery was made belonged to other co-accused person. Petitioner has clean antecedent and has been in judicial custody since 10.01.2017.

Patna High Court Cr.Misc. No.16111 of 2017 (2) dt.08-04-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances and as the petitioner is a driver and has remained in judicial custody for three months, 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, Begusarai, in connection with Barauni (Refinery) P.S. Case No. 10 of 2017, with 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 court below on two consecutive dates

Patna High Court Cr.Misc. No.16111 of 2017 (2) dt.08-04-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

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(Vinod Kumar Sinha, J) sunil/- U T