Sanjay Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54661 of 2016 Arising Out of PS.Case No. -354 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Sanjay Kumar Verma S/o Sri Bhola Prasad Verma Resident of VillageDigwadih Number-16, P.S. Jorapokhar, District- Dhanbad( Jharkhand). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 09.09.2016 in connection with Barachatti P.S. Case No. 354 of 2016 registered for the offence punishable under Sections 272, 273 and 120(B) of the Indian Penal Code and Section 47(a), 48(2), 54, 63 of the Bihar Excise (Amendment) Act, 2016.
The prosecution case, as lodged by the police personnel, is that on secret information they conducted raid and stopped a truck, but the driver and the other persons managed to flee away, who were later on apprehended and the name of the petitioner and one another was disclosed by
Patna High Court Cr.Misc. No.54661 of 2016 (2) dt.23-12-2016 2/3 them and 1038.600 litres of foreign liquor was seized. Accordingly, seizure-list has been prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and that charge-sheet No. 241 of 2016 dated 31.10.2016 has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, District Gaya in connection with Barachatti P.S. Case No. 354 of 2016, subject to the condition that one of the bailors must be a close relative and other bailor must have sufficient immovable properties within the jurisdiction of concerned police station/ Court and that petitioner shall appear before the learned Court below during trial on each and every date and his failure to appear before
Patna High Court Cr.Misc. No.54661 of 2016 (2) dt.23-12-2016 3/3 the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T