Patna High CourtCR. MISC./46396/2016bail granted

Pankaj Kr. Yadav @ Pankaj Kumar Yadav v. The State Of Bihar

2016-10-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46396 of 2016 Arising Out of PS.Case No. -120 Year- 2016 Thana -SIKTI District- ARRARIA ====================================================== Pankaj Kr. Yadav @ Pankaj Kumar Yadav, son of Arun Kumar Yadav, village- Ranikatta P.S. Sikti, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kundan Kumar Singh, Adv. For the Opposite Party : Mr. R.P. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.07.2016 in connection with Sikty P.S. Case No. 120 of 2016 for the offences alleged under Sections 272, 273 of the Indian Penal Code read with Section 47 of the Bihar Excise Act.

3. It is submitted that the petitioner has been falsely implicated and there is doubt about the seizure list which does not contain the signature of the petitioner. Even according to the F.I.R., the recovery has been made from the possession of co-accused Munna Kumar Yadav and from the seat of the motorcycle and not from the conscious possession of the petitioner. The said Munna Kumar Yadav has since been granted bail by this Court in Cr. Misc. No. 46291 of 2016.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.46396 of 2016 (2) dt.24-10-2016 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-III, Araria, in connection with Sikty P.S. Case No. 120 of 2016, with the following conditions:- (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar 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 to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

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