Patna High CourtCR. MISC./37124/2017bail granted

Nirmal Kumar v. The State Of Bihar

2017-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37124 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Nirmal Kumar, son of Vijay Chand Sharma, resident of Village Jitwaria, Police Station- Kalyanpur, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Choudhary Shyam Nandan For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kalyanpur P.S.Case No. 85 of 2017 registered for the offences punishable under Sections 414 of the Indian Penal Code and 48/52 of Bihar Excise Amendment Act, 2016.

Petitioner is named in the FIR and as per FIR one Mobile, one motorcycle and Rs.15,000/- were recovered from his possession and there is no recovery of wine from his possession. Submission of learned counsel for the petitioner is that nothing has been recovered from his possession and he has falsely been implicated in this case and he is in custody for about three months having no criminal antecedent.

Heard learned APP also.

Patna High Court Cr.Misc. No.37124 of 2017 (4) dt.30-08-2017 2/2 Having heard both sides and in view of facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge-IV, Samastipur, in connection with Kalyanpur P.S.Case No. 85 of 2017, subject to the conditions that :- (i) one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) petitioner shall appear in court on each and every date fixed and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U