Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2601 of 2017 Arising Out of PS.Case No. -320 Year- 2016 Thana -MALSALAMI District- PATNA ======================================================
1. Raja, S/o Dinanath Prasad, Resident of Mohalla- Sarifaganj, Jhinjhiribagh, P.S.- Malsalami, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Malsalami P.S.Case No. 320/2016 registered for the offences under sections 272, 273 I.P.C. and 30 (a)/ 35/ 38 of Excise Act. During raid, the petitioner succeeded in fleeing away from grocery shop and 300 bottles of liquor, each containing 750 ml. were recovered. The petitioner has surrendered on 07.01.2017 and since then, he is in custody having no criminal antecedent. In the facts and circumstances stated above, considering that the petitioner has voluntarily surrendered and there is no chance of tampering with the prosecution evidence, as the
Patna High Court Cr.Misc. No.2601 of 2017 (2) dt.17-02-2017 2/2 petitioner, Raja, is directed to be released on bail on execution of bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the likeamount each to the satisfaction of the learned Additional Chief Judicial Magistrate , IV, Patna City in connection with Malsalami P.S.Case No. 320 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason, shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Sudha/- U T