Patna High CourtCR. MISC./43234/2017bail granted

Abinash Kumar v. The State Of Bihar

2017-09-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43234 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -BIKRAM District- PATNA ======================================================

1. Abinash Kumar, Son of Ajay Singh, Resident of Village- Khoraitha, P.S.- Bikram, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Special Case No.1855 of 2017, arising out of Bikram P.S. Case No.127 of 2017, registered for offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Earlier payer of bail of the petitioner had been rejected by this Court vide order dated 27.07.2017, passed in Cr. Misc. No.34332 of 2017 with an observation that the petitioner may renew his prayer for bail after completion of three months in judicial custody or after framing of charge, whichever is earlier. It has been submitted that now three months in judicial custody has already been completed as the petitioner is in custody since 20.05.2017 and he is ready to abide by any

Patna High Court Cr.Misc. No.43234 of 2017 (2) dt.06-09-2017 2 /2 condition imposed on him.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 the learned Special Judge, Excise, Patna in connection with Special Case No.1855 of 2017, arising out of Bikram P.S. Case No.127 of 2017, with following conditions: (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J.) S.Kumar/- U T