Mogal Prasad @ Mogal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36442 of 2017 Arising Out of PS.Case No. -267 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Mogal Prasad @ Mogal Bhagat, son of Late Buruj Prasad @ Hanshraj Prasad, resident of village Semra, P.S. Gopalganj, District Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Upendra Yadav For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 This is an application for bail in connection with Trial No. 205 of 2017, arising out of Kuchai Kote P.S.Case No. 267 of 2016 registered for the offences punishable under Sections 272, 273, 420 of the Indian Penal Code and 30(a)(b)(c) of Bihar Prohibition and Excise Act, 2016.

Earlier prayer for bail of the petitioner has been rejected by this Court on 22.3.2017 passed in Cr.Misc.No.10579 of 2017 with an observation that petitioner may renew his prayer for bail before the court below after completion of six months period in custody.

It has been submitted on behalf of the petitioner that petitioner has moved the court below after completion of the period of six months in custody and prayer for bail has been rejected.

Having heard learned counsel for the petitioner and leaned APP for the State and in view of observation made earlier, let the petitioner, named above, be released on bail on furnishing

Patna High Court Cr.Misc. No.36442 of 2017 (2) dt.02-08-2017 2/2 bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-II, Gopalganj, in connection with Trial No. 205 of 2017, arising out of Kuchai Kote P.S.Case No. 267 of 2016, G.R.No. 203685 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U