Patna High CourtCR. MISC./52553/2016bail granted

Prince Kumar v. The State Of Bihar

2016-12-16Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.52553 of 2016 (2) dt.16-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52553 of 2016 Arising Out of PS.Case No. -239 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ====================================================== Prince Kumar, Son of Sri Pramod Sah, resident of Village - Golbazaar, Ward No. 08, P.S. Murliganj, District Madhepura. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Dinesh Prasad Verma, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 07.10.2016 in connection with Murliganj P.S. Case No. 239 of 2016 for the offences alleged under Sections 47(A) and 47(g) of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused Kartik Kumar in connection with alleged recovery of 102 bottles containing 180 ml each of English wine. The said co-accused Kartik Kumar has since been granted bail by this Court in Cr. Misc. No. 49111 of 2016. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, 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 Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S. Case No. 239 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of

Patna High Court Cr.Misc. No.52553 of 2016 (2) dt.16-12-2016 the 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 to do so 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/BT U T