Patna High CourtCR. MISC./27424/2017bail granted

Niraj Kumar Singh And ORS v. The State Of Bihar

2017-07-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27424 of 2017 Arising Out of PS.Case No. -219 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Niraj Kumar Singh Son of Rajendra Prasad Singh @ Rajendra Singh Resident of Village- Gayashpur, P.S.- Paroo, District- Muzaffarpur.

2. Manish Kumar Son of Ashok Kumar Thakur, Resident of VillagePatahi Roop, P.S.- Sadar, District- Muzaffarpur.

3. Murari Kumar Son of Late Kaushal Kishore Thakur Resident of Village- Patahi Roop, P.S.- Sadar, District- Muzaffarpur.

4. Vijay Kumar Son of Nagina Sah, Resident of Mohalla- Bariya Bus Stand, Jagdamba Nagar, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Uday Prakash Shrarma For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 27.04.2017 in connection with Sadar P.S. Case No. 219 of 2017 for the offences alleged under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioners have been falsely implicated in connection with the alleged recovery of approximately 10 litres of illicit liquor from the four petitioners. 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 27.04.2017 already suffered, let the petitioners above named

Patna High Court Cr.Misc. No.27424 of 2017 (2) dt.06-07-2017 2/2 be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.D.J.-III cum Special Judge (Excise) Act, Muzaffarpur in connection with Sadar P.S. Case No. 219 of 2017 with the following conditions:

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

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

(iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves 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 petitioners 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, their bail bond shall be liable to be cancelled by the learned Court concerned.

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