Om Prakash Giri @ Jhagaru Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51132 of 2017 Arising Out of PS. Case No.-316 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Om Prakash Giri @ Jhagaru Giri S/o Kapildeo Giri resident of village - Lakhrav, P.S. Siwan Muffasil, District Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. NITYANAND TIWARY, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences punishable under Sections 272, 273, 308, 420 of the Indian Penal Code and Sections 30, 33, 41 (1) of Bihar Excise Amendment Act, 2016.

It is contended that, as per allegation, 4 liters of country made liquor was recovered from the possession of the petitioner. It is urged that the petitioner is in custody since 22.08.2017. It is stated in paragraph 3 of the bail petition that the petitioner has also involved in Muffasil P.S. Case No. 449 of 2016 registered under Sections 272, 273, 308, 420 and 120 (B) of the Indian Penal Code and Section 41 (1) of Bihar Excise Amendment Act.

Patna High Court Cr.Misc. No.51132 of 2017(2) dt.09-11-2017 2/3 Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge-2-cum-Special Judge, Excise, Siwan in connection with Siwan Muffasil (Dhanauti) P.S. Case No. 316 of 2017 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Siwan within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail.

Patna High Court Cr.Misc. No.51132 of 2017(2) dt.09-11-2017 3/3 upon his appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T