Vipin Kumar @ Chandan v. The State Of Bihar

Patna High Court Cr.Misc. No.6641 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6641 of 2018 Arising Out of PS.Case No. -901 Year- 2017 Thana -KANKARBAGH District- PATNA ====================================================== Vipin Kumar @ Chandan aged about 18 years, son of Brij Kishore Sharma, resident of Village- Nimra Dhanpura, Police Station- Kadirganj, District- Patna, at present East Indira Nagar, Road No. 2, P.S. Kankarbagh, Patna.

.... .... Petitioner

Versus

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

For the Petitioner : M/s. Shilpi Keshri, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.11.2017 in connection with Kankar Bagh P.S. Case No. 901 of 2017 for the offences alleged under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of English wine from one of two vehicles in which the petitioner along with other co-accused persons were sitting. Similarly situated co-accused Sagar Kumar and Sameer Kumar has been granted bail by the learned Court below. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 16.11.2017, let the

Patna High Court Cr.Misc. No.6641 of 2018 (2) dt.01-02-2018 petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Kankar bagh P.S. Case No. 901 of 2017, on the following 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) 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) Md. Ibrarul/- U T