Patna High CourtCR. MISC./52888/2016bail granted

Saukat @ Pappu v. The State Of Bihar

2016-12-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52888 of 2016 Arising Out of PS. Case No. -198 Year- 2016 Thana -PALASI District- ARRARIA ====================================================== Saukat @ Pappu son of Nurool Hoda, Resident of Village- Bonchi, Police Station- Araria (Bairgachhi), District- Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Rana, Advocate 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 18.09.2016 in connection with Palasi P.S. Case No. 198 of 2016 (GR No. 3078 of 2016) for the alleged offences under Section 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of 40 bottles of codeine phosphate and Triprolidine Hydrochloride Syrup Eskuf each containing 100 ml. It is submitted that the motorcycle in question was not a stolen article and belonged to co-accused Dharmaand Yadav and so also no case has been registered by the police under the NDPS Act or the Drugs and Cosmetics Act. The said co-accused Dharmaand Yadav has been granted bail by this Court in Cr. Misc. No. 50051 of 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 Additional Chief Judicial Magistrate III, Araria in

Patna High Court Cr.Misc. No.52888 of 2016 (2) dt.16-12-2016 connection with P.S. Case No. 198 of 2016 (GR No. 3078 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