Lakhindra Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50583 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -MAKER District- SARAN ====================================================== Lakhindra Sahani, Son of Gorakh Sahani, Resident of Village - Hasanpura, P.S. Maker, District Saran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 30.09.2016 in connection with Maker P.S. Case No. 95 of 2016 for the alleged offences under Sections 272, 273 of the Indian Penal Code and 47(A) of the Excise Act.
3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 20 litres of country made liquor from three persons. The petitioner was not arrested from the spot but the accused persons were identified by the Chowkidar.
4. Having regard to the entirety of the facts and circumstances of the case and period of custody, 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 Smt. Divya Shekhar, learned Judicial Magistrate Ist Class, Saran, Chapra in connection with Maker P.S. Case No. 95 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.
Patna High Court Cr.Misc. No.50583 of 2016 (3) dt.13-12-2016 2/2 (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. (Vikash Jain, J) B.T/Chandran U T