Kusum Lal Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38559 of 2017 Arising Out of PS.Case No. -118 Year- 2017 Thana -BAUSI District- PURNIA ====================================================== Kusum Lal Rishi, son of Late Kishun Rishi, Resident of Village Footani Chowk, Baisi Bazar, Pipal Gachhi, P.S. Baisi, District Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Satyendra Narayan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Baisi P.S. Case No. 118 of 2017 instituted for the offence under Section 273 of the Indian Penal Code and Section 30(a) of Bihar Excise and Prohibition Act, 2016.

Learned counsel for the petitioner has submitted that there is no recovery from his possession. He has clean antecedent. The seizure list has been enclosed with the First Information Report wherein it is mentioned that seizure is made from locked house of Sanjay Giri.

From the written report it appears that Chowkidar has identified the petitioner of having fled away from the place of occurrence.

Patna High Court Cr.Misc. No.38559 of 2017 (8) dt.13-11-2017 2/2 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 Baisi P.S. Case No. 118 of 2017, 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 learned 2nd Additional Sessions Judge-cum-Special Judge (Excise Act), Purnea, 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.Ali/- U T