Patna High CourtCR. MISC./41621/2016bail granted

Ashok Sah v. The State Of Bihar

2016-10-17Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41621 of 2016 Arising Out of PS.Case No. -247 Year- 2016 Thana -MASRAKH District- SARAN ====================================================== Ashok Sah S/o Late Yogendra Sah, R/O Village- Dumar San Bazar, P.S.- Mashrakh, District- Saran at Chapra .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Nawal Kishore Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 23.08.2016 in connection with Mashrakh P.S. Case No. 247 of 2016 for the offences alleged under Section 47 of the Bihar Excise Act.

3. It is submitted that the petitioner has been falsely implicated as even according to the FIR, recovery has not been made from the possession of the petitioner or from his premises, rather it has been made from a place across the road where the petitioner's shop is situated. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, 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 learned Additional Chief Judicial Magistrate 8th, Saran at Chapra, in connection with Mashrakh P.S. Case No. 247 of 2016 with the following conditions:

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

(ii) That the petitioner shall not indulge in any similar

Patna High Court Cr.Misc. No.41621 of 2016 (2) dt.17-10-2016 2/2 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