Patna High CourtCR. MISC./52905/2016bail granted

Abhay Kumar @ Abhary Kumar And ANR v. The State Of Bihar

2016-12-16Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.52905 of 2016 (2) dt.16-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52905 of 2016 Arising Out of PS.Case No. -336 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Abhay Kumar @ Abhary Kumar Son of Ram Sagar Raw, Resident of village- Adarsh Colony, Teli Deedh, P.S.- Chas, District- Bokaro.

2. Akash Kumar, Son of Santosh Kumar Gupta, Resident of VillageYaduwansh Nagar Chas, P.S.- Chas, District- Bokaro. .... .... Petitioners

Versus

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

For the Petitioner : Mr. Ram Sumiran Rai, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 13.09.2016 in connection with Barauni (Chakiya) P.S. Case No. 336 of 2016 for the alleged offences under Section 188 of the Indian Penal Code and Section 47(a) of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of various amounts of foreign liquor from two vehicles. Similarly situated co-accused Bhola Choudhary and Amarnath Singh, who were apprehended along with the petitioner have been granted bail by this Court in Cr. Misc. No. 53221 of 2016. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.52905 of 2016 (2) dt.16-12-2016 circumstances of the case, let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni (Chakiya) P.S. Case No. 336 of 2016, on the following conditions - (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/BT U T