Amar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60193 of 2018 Arising Out of PS. Case No.-33 Year-2018 Thana- KUNALI District- Supaul ====================================================== Amar Jha, S/o Late Arjun Jha, R/o Vill.- Dagmara, P.S.- Kunali (Dagmara O.P.), District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 08-10-2018 I have heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case registered for offences punishable under Sections 353, 332 and 506 of the Indian Penal Code and Section 37 (c) of the Bihar Prohibition and Excise Act, 2016 Section 3(1) (w) (r) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is contended that, as per allegation, petitioner has been caught in drunken condition in police station and also caused hindrances in the functioning of duties of the police personnel and also abused the police personnel. It is contended that from perusal of the first information report it appears that no case for the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out.
Patna High Court Cr.Misc. No.60193 of 2018(4) dt.08-10-2018 2/3 And petitioner has been implicated falsely in the present case. Petitioner claims that he is in custody since 26.7.2018. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Supaul, in connection with Excise Case No. 553 of 2018 arising out of Kunali (Dagmara O.P.) P.S. Case No. 33 of 2018.
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 antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Supaul 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 kept under watch in the aforesaid period by the 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
Patna High Court Cr.Misc. No.60193 of 2018(4) dt.08-10-2018 3/3 to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) Spd/- U T