Patna High CourtCR. MISC./41168/2016bail granted

Chhotu Kumar v. The State Of Bihar

2016-09-29Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.41168 of 2016 (2) dt.29-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41168 of 2016 Arising Out of PS.Case No. -179 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Chhotu Kumar Son of Umesh Singh Resident of Village- Dumarikala, PS Mejerganj, District Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Chandra Verma, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.07.2016 in connection with Case No. C2-179 of 2016 for the alleged offences under Section 47(a) of the Excise Amendment Act, 2016.

3. It is submitted that the petitioner has been falsely implicated and no recovery of the offending articles was made from the conscious possession of the petitioner which were found abandoned by the road side. The petitioner has suffered custody for more than two months. 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

Patna High Court Cr.Misc. No.41168 of 2016 (2) dt.29-09-2016 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Case No. C2-179 of 2016 on 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 offence.

(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) Chandran/Ibrar U T