Ashok Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1697 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- KARAMCHAT District- Bhabhua (Kaimur) ====================================================== Ashok Bind S/o Late Lali Bind, R/o Village- Dubaulee, P.S. Karamchat, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Sri Bhanu Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise Case No. 1020 of 2018 corresponding to Karamchat P.S. Case No. 83 of 2018, registered for the offences punishable under Sections 341, 323, 504, 506, 354(B), 353 of the Indian Penal Code and Section 371 (1)(2) of the Bihar Prohibition and Excise Act.

Informant who is Principal of Primary School has alleged in her written complaint that on 23.11.2018 at about 12:30 P.M. Ashok Bind (petitioner) entered into the school campus and started shouting in filthy language and also entered her chamber and threatened to kill her and was also in intoxicated condition and was moving towards her with bad intention.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.1697 of 2019(2) dt.18-01-2019 2/2 that he is innocent and has committed no offence. He has been falsely implicated in this case. He had gone there only to pacify the students and guardians who were agitated. It has been further submitted that he has no criminal antecedent and is in custody since 24.11.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Kaimur at Bhabua, in connection with Excise Case No. 1020 of 2018 corresponding to Karamchat P.S. Case No. 83 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T