Patna High CourtCR. MISC./43538/2016bail granted

Deepak Kumar v. The State Of Bihar

2016-10-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43538 of 2016 Arising Out of PS.Case No. -138 Year- 2016 Thana -BAJPATTI District- SITAMARHI ====================================================== Deepak Kumar Son of Makeshwar Kuwar Resident of village- Saura, Police Station- Bajpatti, District- Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner : Ms. Nisha Singh, Advocate Ms. Tanuja Kumari, Advocate For the Opposite Party : Mr. R.P. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.08.2016 in connection with Bajpatti P.S. Case No. 138 of 2016 for the alleged offences under Section 273 of the Indian Penal Code and Section 47 of the Bihar Excise (Amendment) Act.

3. It is submitted that the petitioner has been falsely implicated and in any event, mere possession of foreign liquor does not prima facie constitute being the ingredients of the offence alleged in view of the order of this Court dated 30.09.2016 passed in Cr.W.J.C. No. 533 of 2016 (Ram Sumir Sharma vs. The State of Bihar). It is further submitted that pending trial the petitioner has been sufficiently punished having already suffered custody since 21.08.2016.

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 S.D.J.M., Pupari, District Sitamarhi in connection with

Patna High Court Cr.Misc. No.43538 of 2016 (2) dt.22-10-2016 2/2 Bajpatti P.S. Case No. 138 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of 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 on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T