Patna High CourtCR. MISC./52507/2016bail granted

Dinesh Prasad Yadav @ Dinesh Yadav v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52507 of 2016 Arising Out of PS. Case No. -81 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Dinesh Prasad Yadav @ Dinesh Yadav, S/o Late Mahadeo Prasad Yadav, Resident of village Arariya, P.S. Kundwa Chainpur, District East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Singh, Advocate For the Opposite Party : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 08.09.2016 in connection with Kundwa Chainpur P.S. Case No. 81 of 2016 for the offences alleged under Sections 47A and 54 of the Bihar Excise Act.

3. It is submitted that the petitioner has been falsely implicated in connection of recovery of 31 bottles each containing 300 ml of country made liquor from the bicycle of the petitioner. The petitioner was not arrested on the spot. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case and the period of custody, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikarhana at Dhaka, East Champaran in connection with Kundwa Chainpur P.S. Case No. 81 of 2016 with the following conditions:

(i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.52507 of 2016 (2) dt.13-12-2016 2/2 petitioner.

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

(iii) 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) B.T/Chandran U T