Patna High CourtCR. MISC./44747/2016allowed

Mohan Paswan v. The State Of Bihar

2017-01-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44747 of 2016 Arising Out of PS.Case No. -180 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Mohan Paswan S/o Brahmdeo Paswan Resident of Village- Sahpokhar, P.S.- Fatehpur, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishal Saurabh For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 06.07.2016 in connection with Fatehpur P.S. Case No. 180 of 2016, registered for offences punishable under Sections 272, 273/34 of the Indian Penal Code and 27 of the Arms Act and Section 47(a)(g) of Bihar Excise (Amendment) Act 2016.

It has been submitted on behalf of the petitioner that though there is a recovery of 90 litres of country made and foreign liquor from the petitioner but for the said offence, the petitioner has remained in custody for about six months and the petitioner has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44747 of 2016 (4) dt.20-01-2017 2/2 Considering the facts and circumstances of the case, nature of offence and the period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Ramesh Kumar, Judicial Magistrate -1st Class, Gaya in connection with Fatehpur P.S. Case No. 180 of 2016.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) sunil/- U