Bambam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2222 of 2017 Arising Out of PS.Case No. -455 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================

1. Bambam Kumar, S/o Ram Pravesh Singh, R/o- Mohallah Chhotki Nawada, P.S.- Delha, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashutosh Singh, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 03-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Sherghati (Dobhi) P.S. Case No.455 of 2016 instituted for the offence under Section(s) 272, 273, 414,120-B Indian Penal Code and Section47-A of the Bihar Excise (Amendment) Act.

It is alleged that from the Pickup Van total nine liters foreign liquor was recovered by the police. The petitioner was also sitting on the said vehicle with other accused persons. It has been submitted that it is mentioned in the First Information Report itself that he was the driver of the vehicle. There is no specific allegation in the First Information Report that the petitioner was indulged in sale and purchase of liquor. The

Patna High Court Cr.Misc. No.2222 of 2017 (2) dt.03-02-2017 2/2 petitioner is in custody since 22.09.2016.

In view of such, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati (Dobhi) P.S. Case No.455 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

The petitioners will file an Affidavit in the Court below that he will not indulge in such type of activities again and if it is found that he has indulged in similar activities, his bail bond shall be liable to be cancelled.

(Sanjay Priya, J) JA/- U T