Vijay Singh @ Bipin Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.21971 of 2016 (3) dt.01-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21971 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Vijay Singh @ Bipin Singh, son of Late Kedar Singh, Resident of village- Banchahati, Police Station- Bagaha, District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bagaha P.S. Case No. 108 of 2016 registered for the offences punishable under Sections 188, 414, 272, 273 of the Indian Penal Code and Section 47 (a)of Excise Act.

Allegedly, the petitioner was apprehended when he was trying to flee away by motorcycle and from the said motorcycle 20 bottles of country made liquor and further from the room three cartoons country made liquor were recovered as per seizure list. Submission is of false implication and that due to election rivalry the petitioner has been implicated in this case by his enemy. During investigation it has come that someone kept the liquor in the motorcycle of the petitioner and room is open one

Patna High Court Cr.Misc. No.21971 of 2016 (3) dt.01-07-2016 where also it was kept by someone else and without any fault the petitioner is suffering in custody since02.04.2016 and now he has sufficiently been penalized.

Learned APP submits that now it is a serious offence. In the facts and circumstances stated above, considering that chargesheet has already been submitted against the petitioner and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Bagaha, West Champaran (Bettiah) in connection with Bagaha P.S. Case No. 108 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) avin/- U T