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Patna High CourtCR. MISC./56687/2017bail granted

Trivenee Singh v. The State Of Bihar

2017-12-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56687 of 2017 Arising Out of PS.Case No. -245 Year- 2017 Thana -BHORE District- GOPALGANJ ====================================================== Trivenee Singh, son of Late Vanshbahadur Singh, resident of VillageBalwan, P.S. Bherey, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Dubey For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bhore P.S. Case No. 245 of 2017 instituted for the offence under Sections-272, 273, 420 of the Indian Penal Code and Sections-30(a), 35 or 38 of Bihar Prohibition and Excise Act, 2016.

From the seizure list enclosed with the FIR, it appears that alleged foreign liquor has been recovered from an open land situated in front of house of this petitioner. The seizure list does not bear signature either of the petitioner or any of his family members. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.56687 of 2017 (2) dt.01-12-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Bhore P.S. Case No. 245 of 2017 to the satisfaction of Additional District & Sessions Judge-II, Gopalganj subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T