Saravjeet Rai @ Sarbjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54095 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Saravjeet Rai @ Sarbjeet Kumar, S/o Bipin Rai, R/o VillageManiyarpur, P.S.- Warisnagar Kalyanpur, Distt- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kalyanpur P.S.Case No.138 of 2017 registered for offences punishable under Sections 272 and 273 of the IPC and Sections 30 and 38 of Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is that he was arrested while he was fleeing and allegation is about recovery of 4730 ltrs. of liquor from one motorcycle and he has truck. Submission of the learned counsel for the petitioner is that he has been arrested only on the basis of suspicion and nothing has been recovered from his possession. He has no criminal antecedent. The petitioner is in custody for four months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.54095 of 2017 (2) dt.15-11-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-2nd, Samastipur in connection with Kalyanpur P.S.Case No.138 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

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

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T