Patna High CourtCR. MISC./8906/2017bail granted

Jitendra Paswan v. The State Of Bihar

2017-03-16Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.8906 of 2017 (2) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8906 of 2017 Arising Out of PS.Case No. -170 Year- 2016 Thana -KOTWA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Jitendra Paswan Son of Nand Kishore Paswan Resident of VillageKolhuarwa, P.S. Motihari Town , District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.10.2016 in connection with Kotwa P.S. Case No. 170 of 2016 for the offences alleged under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated as he is merely a driver of the Honda City car of which the owner is co-accused Sant Jaiswal. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 16.10.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kotwa P.S. Case No. 170 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of

Patna High Court Cr.Misc. No.8906 of 2017 (2) dt.16-03-2017 the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv)The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T