Nagina Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51413 of 2017 Arising Out of PS.Case No. -348 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Nagina Pasi S/o Late Gulab Chand Pasi, Resident of Khajurbani, Ward No. 25, P.S.- Gopalganj, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sushil Kumar, Advocate For the Opposite Party: Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 08.09.2016, has renewed his prayer for bail in connection with Gopalganj Town P.S. Case No. 348 of 2016 having earlier been rejected by order dated 11.04.2017 in Criminal Miscellaneous No. 17807 of 2017.

3. It is reiterated that the petitioner has been falsely implicated as none had consumed liquor in his house as alleged. It is further submitted that in subsequent development, other coaccused persons have also been granted bail as a result of which out of 14 persons named in the first information report, 13 of them have already been granted bail.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody of the above named petitioner since 08.09.2016, let him 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 Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj Town P.S. Case No. 348 of 2016, on the following conditions:-

Patna High Court Cr.Misc. No.51413 of 2017 (3) dt.07-02-2018 2/2 (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.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T