Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32695 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Arvind Kumar Son of Surendra Paswan, Resident of Sahpur Maricha, P.S.- Maniyari, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prasoon Sinha For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Maniyari P.S.Case No.51 of 2017 registered for offences punishable under Sections 272 and 273 of the Indian Penal Code. Allegation, as per F.I.R., against the petitioner is that 45 ltrs. of foreign liquor have been recovered and the petitioner and other co-accused persons were arrested by the police at the spot.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and there is no compliance of Section 100 Cr.P.C. The petitioner is in custody for about four months and there is no criminal antecedent. It is further submitted that one of the co-accused having similar

Patna High Court Cr.Misc. No.32695 of 2017 (3) dt.21-07-2017 2/2 allegation has already been granted bail by this Court, vide order dated 23.5.2017 passed in Cr. Misc. No.23277 of 2017. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III-cum-Special Judge, Excise, Muzaffarpur in connection with Maniyari P.S.Case No.51 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 reason, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U