Vijay Kumar Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.26811 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26811 of 2017 Arising Out of PS.Case No. -155 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Vijay Kumar Singh, Son of Shri Gopal Prasad Singh, resident of Village Mautha, P.S. Karakat, District- Rohtas.

2. Santosh Kumar Singh, Son of Shri Dayanand Singh, resident of Village Kubaat, P.S. Dabat, District- Rohtas.

3. Pramod Kumar, Son of Shri Kedar Prasad, Village Manail, P.S. Akabarpur, District Nawada.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioners : Mr. Binodanand Mishra, Adv For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 17.03.2017 in connection with Barachatti P.S. Case No. 155 of 2017 for the offences alleged under Sections 414, 272, 273, 120(B) of the Indian Penal Code and 30(a), 38, 47, 33 of the Bihar Excise Amendment Act, 2016.

3. It is submitted that the petitioners have been falsely implicated in connection with the alleged recovery of 500 litres of country made liquor and 420 litres of spirit from the petitioners. Recovery of the offending goods from the possession of the petitioners is denied. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 17.03.2017 already suffered, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.26811 of 2017 (2) dt.06-07-2017 thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Barachatti P.S. Case No. 155 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

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

(iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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