Indal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49820 of 2016 Arising Out of PS.Case No. -273 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Indal Kumar Son of Sheo Dahin Prasad, resident of village - Basaur, P.S. Masaurhi, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Ram Janam Maharaj, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.07.2016 in connection with Barachatti P.S. Case No. 273 of 2016 (G.R. No. 1208 of 2016) for the alleged offences under Sections 272, 273 of the Indian Penal Code and Section 47(A) of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated for the offence relating to recovery of 696 bottles of English wine. Similarly situated co-accused Md. Asif and Ravi Kumar have been granted bail by this Court in Cr. Misc. No. 40644 of 2016. 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 A.C.J.M., Sherghati in connection with Barachatti P.S. Case No. 273 of 2016 (G.R. No. 1208 of 2016) on the following

Patna High Court Cr.Misc. No.49820 of 2016 (3) dt.13-12-2016 2/2 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 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) Chandran/BT U T