Chandra Kishore Singh @ Chandra Kishore Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.16128 of 2017 (2) dt.09-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16128 of 2017 Arising Out of PS.Case No. -536 Year- 2016 Thana -MANER District- PATNA ====================================================== Chandra Kishore Singh @ Chandra Kishore Rai, s/o late Satya Rai, r/o village Hulashi Tola, P.S. Maner, Distt. Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deovind Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Maner P.S. Case No. 536 of 2016 instituted for the offence under Section 30(a) of Bihar Excise Act, 2016.

In the written report it is alleged that 4 liters Mahua liquor was found in the maize field of the informant. It has been submitted on behalf of the petitioner that he has clean antecedent. He was not present on the spot. There is no signature of the petitioner on the seizure list. It has further been submitted that the aforesaid land (field) does not belong to him. There is no description of the land mentioned in the written report which could indicate that the land belongs to this petitioner. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.16128 of 2017 (2) dt.09-05-2017 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Maner P.S. Case No. 536 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Randhir Kumar, Judicial Magistrate, 1st Class, Maner, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.