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Patna High CourtCR. MISC./83652/2023allowed

Shyam Babu Patel v. The State Of Bihar

2024-07-12Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83652 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- SUPPI District- Sitamarhi ====================================================== Shyam Babu Patel Son Of Prayag Ray Residence Of Village- Ganeshpur Babhangama, P.S. Riga District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner in connection with Suppi P.S. Case No. 366 of 2022 instituted for the offence punishable under Sections 414, 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. It is submitted by learned counsel for the petitioner that earlier petitioner was granted regular bail vide order dated 17.05.2023 passed in Cr. Misc. No. 13345 of 2023 with a

Patna High Court CR. MISC. No.83652 of 2023(3) dt.12-07-2024 2/3 direction to the Court below to verify the criminal antecedent of the petitioner before accepting bail bonds and if it is found that he is involved in any other case except the present one, his bail bonds shall not be accepted. He further submitted that one more case was found against the petitioner except those which have mentioned in paragraph no. 3 of the bail petition and it was the reason that the bail bonds of the petitioner was not accepted and he is in custody since 02.11.2022.

4. The application for bail is opposed by learned APP for the State.

5. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Sitamarhi in connection with Suppi P.S. Case No. 366 of 2022, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court with a further condition : (i) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.83652 of 2023(3) dt.12-07-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) Arish/- U T