Radhe Sarkar @ Monu @ Rajiv Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22880 of 2018 Arising Out of PS. Case No.-414 Year-2017 Thana- RUPASPUR District- Patna ====================================================== Radhe Sarkar @ Monu @ Rajiv Ranjan, S/o Shyam Narayan Singh, Resident of Village- Mahuabag, P.S.- Rupaspur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences punishable under Section 393 of the Indian Penal Code and under Section 37 (b) (c) of Bihar Excise Amendment Act, 2016.

It is contended that, as per allegation, while the informant, who happens to be driver of the truck, had parked his truck at Mahuabag before a temple, a Maruti Car, which was being boarded by three persons, came. The accused persons started abusing and assaulting him and one of them drew revolver and ordered him to deboard the truck. In the meantime, the police came and arrested one of the co-accused. It is further alleged that all the accused persons were found in

Patna High Court Cr.Misc. No.22880 of 2018(2) dt.19-04-2018 2/3 drunken state. It is contented on behalf of the petitioner that charge sheet has already been submitted. Though the petitioner is involved in three cases which has been detailed in paragraph 3 of the bail petition but neither any revolver has been recovered nor there is any injury in this matter. It is urged that the petitioner is in custody since 15.11.2017. Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act-cum-Additional District Judge-IV, Patna in connection with Special Case no. 8126/2017 arising out Rupaspur P.S. Case no. 414/2017 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Senior Superintendent of Police, Patna within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be

Patna High Court Cr.Misc. No.22880 of 2018(2) dt.19-04-2018 3/3 kept under watch in the aforesaid period by the Sr. Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Sr. Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Sr. Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T