Vishambhar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38445 of 2016 Arising Out of PS.Case No. -998 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Vishambhar Kumar Singh Son of Dudheshwar Singh, Resident of Village- Badhaiya, Police Station -Sasaram (M) District Rohtas. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anand Kishore Choudhary For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 272, 273, 414 of the Indian Penal Code and Section 47(A) of the Bihar Excise Act registered in connection with Sasaram (Town) P.S. Case No. 998 of 2015.

3. It is submitted that the petitioner has been falsely implicated merely because the petitioner happens to be the owner of the motorcycle in question. It is further submitted that nothing has been recovered from the motorcycle, rather the entire quantity of country made liquor was recovered from the Maruti car with which the petitioner has no concern whatsoever. It is further submitted that the alleged occurrence relates to the period prior to the recent amendment in the Bihar Excise Act.

4. Having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.38445 of 2016 (2) dt.17-09-2016 satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 998 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further 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 cooperate with the investigation 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.

(iv)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