Suresh Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83203 of 2024 Arising Out of PS. Case No.-73 Year-2017 Thana- KAJRA District- Lakhisarai ====================================================== Suresh Bind Son of Late Hiramani Bind Resident of Village - Beldari Bind Tola, P.S. - Kajra, District - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2024 Heard the parties.
2. The petitioner is in custody in connection with Kajra P.S. Case No. 73 of 2017 for the offence punishable under sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act lodged on 01.11.2017.
3. As per the prosecution story, the petitioner is an accused in a case of recovery/seizure of 2 liters country-made liquor.
4. The petitioner was earlier granted bail but being a labour, he was out of the State, as per the affidavit and thus, could not appear which resulted into the cancellation of the bail bond. Upon knowledge, he himself surrendered on 09.08.2024 and is in custody since then.
5. Learned APP opposes the prayer submitting that he
Patna High Court CR. MISC. No.83203 of 2024(2) dt.09-12-2024 2/3 jumped the bail.
6. Taking into account the allegation as also the fact that he himself surrendered and in custody for four months, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-Vth-cum-Exclusive Special Excise Court 2nd, Lakhisarai, in connection with Kajra P.S. Case No. 73 of 2017 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.83203 of 2024(2) dt.09-12-2024 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T