Harish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10447 of 2017 Arising Out of PS.Case No. -277 Year- 2016 Thana -DUMRAUN District- BUXAR ======================================================
1. Harish Yadav Son of Velash Singh @ Sahjee Yadav @ Sant Velash Yadav R/o Village-Nawadih, P.S.-Koransarai District-Buxar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukul Srivastava For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 The petitioner seeks regular bail in connection with Dumraon P.S. Case No. 277 of 2016, registered for offences punishable under Sections 30(A) and 47, Bihar Excise Amendment Act, 2016.
It has been submitted on behalf of the petitioner though the petitioner has been named in the F.I.R., he has not been apprehended on spot. No recovery has been made from the possession of the petitioner. It has further been submitted the petitioner is accused in other five cases but they are not of similar nature as the present one and in this case he has been made accused, only on the basis of suspicion.
Heard learned A.P.P. also.
Having heard both sides, no doubt petitioner has criminal antecedent but in this case nothing the petitioner was not apprehended on spot and nothing has been recovered form the possession of the petitioner, as such, let the petitioner above
Patna High Court Cr.Misc. No.10447 of 2017 (2) dt.06-03-2017 2/2 named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dumraon P.S. Case No. 277 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T