Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67023 of 2018 Arising Out of PS. Case No.-93 Year-2012 Thana- CIVIL LINE District- Gaya ====================================================== Chintu Kumar, S/o Vishwanath Raut, R/o Mohalla - Godawari Bhairo Asthan, P.S. Rampur, District - Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shiva Shankar Sharma, Advocate For Opposite Parties :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 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, 290/34 of the Indian Penal Code and Section 47(A) of the Excise Act registered in connection with Civil Lines P.S. Case No. 93 of 2012.

3. It is submitted that the petitioner has been falsely implicated as he is not named in the first information report. The requisition for warrant of arrest has been issued on 03.04.2017 after five years of institution of the first information report. Co-accused Madhu Ranjan Prasad Verma from whose licence shop the petitioner is said to have supplied the wine to Sunny Raut, has been granted anticipatory bail by the learned Special Judge, Excise, Gaya in A.B.P. No. 533 of 2012. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, 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)

Patna High Court Cr.Misc. No.67023 of 2018(3) dt.15-01-2019 2/2 with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Civil Lines P.S. Case No. 93 of 2012, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with 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 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) That 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) BT/Chandran U T