Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22586 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ashok Kumar, S/o Birbahadur Kushwaha, Resident of Village- Baudha, P.S.- Ramgarhwa, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-05-2017 Heard the parties.
The petitioner seeks regular bail in connection with Ramgarhwa P.S.Case No.33 of 2017, registered for offences punishable under Sections 272 & 273 of the Indian Penal Code. Allegation as per F.I.R. is about recovery of 49 bottles of Nepali Saufi liqor each containing 300 ml., however, it is submitted on behalf of the petitioner that the same has not been recovered from the house or from the Garage of the petitioner rather it has been recovered from behind the Garage of the another accused person. The petitioner has been falsely implicated in this case. It is further submitted that earlier petitioner had not been made accused in similar type of cases and now he has remained in custody for about two months.
Patna High Court Cr.Misc. No.22586 of 2017 (2) dt.12-05-2017 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of clean antecedent and remained in custody for about two months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Raxaul at Motihari, East Champaran in connection with Ramgarhwa P.S.Case No.33 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 co-operate 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 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U