Namit Kumar Sinha v. The State Of Bihar

Patna High Court Cr.Misc. No.27351 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27351 of 2017 Arising Out of PS.Case No. -187 Year- 2016 Thana -DIDARGANJ District- PATNA ====================================================== Namit Kumar Sinha, S/o Shri Madan Prasad Sinha, resident of village/Mohalla- Gardanibagh, P.S.- Gardanibagh, Distt.- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Binod Pd. Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.05.2017 in connection with Didarganj P.S. Case No. 187 of 2016 for the offences alleged under Section 47(a)/54 of the Bihar Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 126 litres of illicit foreign liquor from the four persons, out of two persons namely Prateek Kumar @ Basant and Pawan @ Pawan Kumar @ Raushan Kumar have already been granted bail by this Court in Cr. Misc. No. 43875 of 2016 and Cr. Misc. No. 47256 of 2016 respectively. 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 as well as the period of custody since 19.05.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.27351 of 2017 (2) dt.06-07-2017 thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise-cum-ADJ-VIII, Patna in connection with Didarganj P.S. Case No. 187 of 2016 with the following conditions:

(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) 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.

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