Patna High CourtCR. MISC./41568/2016bail granted

Dinesh Prasad v. The State Of Bihar

2016-10-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41568 of 2016 Arising Out of PS.Case No. -338 Year- 2016 Thana - Bettiah Muffasil DistrictWESTCHAMPARAN (BETTIAH) ====================================================== Dinesh Prasad S/o Late Awadh Bihari Prasad, Resident of VillageLalgarh, P.S.- Bettiah Muffasil, District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhananjaya Nath Tiwari, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.08.2016 in connection with Bettiah Muffasil P.S. Case No. 338 of 2016 for the offences alleged under Sections 420, 272, 273 of the Indian Penal Code and Section 47(a)/51 of the Bihar Excise Amendment Act, 2016.

3. It is submitted that the petitioner has been falsely implicated and no recovery has been made from his conscious possession. Even according to the seizure list the recovery has been made from behind the shop of the petitioner. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the 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 Chief Judicial Magistrate, Bettiah, in connection with Bettiah Muffasil P.S. Case No. 338 of 2016, with the following conditions:-

Patna High Court Cr.Misc. No.41568 of 2016 (2) dt.18-10-2016 (i) That one of the bailors will 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 to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T