Patna High CourtCR. MISC./6531/2018bail granted

Lorik Mushar v. The State Of Bihar

2018-02-12Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6531 of 2018 Arising Out of PS.Case No. -172 Year- 2017 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Lorik Mushar Son of Late Lal Muni Mushar, Resident of VillageDeosarna P.S. Bhagwanpur, District Kaimur at Bhabua. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pawan Kumar Singh, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 10.11.2017 in connection with Bhagwanpur P.S. Case No. 172 of 2017 for the offences alleged under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of approximately 10 litres of country made liquor. Recovery of the offending goods from the possession of the petitioner is denied. 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 of the above named petitioner since 10.11.2017, let him 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 4th Additional Sessions Judge-cum-Special Judge, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No. 172 of 2017, on the following conditions:-

Patna High Court Cr.Misc. No.6531 of 2018 (2) dt.12-02-2018 2/2 (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) B.T/Chandran U T