Girdhariya @ Girdhari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31412 of 2018 Arising Out of PS. Case No.-698 Year-2017 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Girdhariya @ Girdhari Kumar S/o Shiv Balak Bhagat, R/o Vill.- Adharpur, P.S.- Samastipur (Muffasil), District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Adv, Mr. Thakur Bikram Singh, Adv and Mr. Mukesh Kumar, Adv For the Opposite Party/s :

Mr. Sri Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Samastipur (Muffasil) P.S. Case No. 698 of 2017 registered for the offence punishable under Sections 30, 36, 38, 40 and 47 of the Bihar Prohibition and Excise Act, 2016. On 23.11.2017 at about 10:30 informant who is the Assistant Sub Inspector of Police, on secret information along with other police officials raided village Adharpur and at a distance of 100 yards from the abandoned house of Chandan Kumar recovered 750ml x 7, 375ml x 240, 180ml x 240. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.31412 of 2018(2) dt.22-05-2018 2/3 the petitioner has been falsely implicated in this case due to village politics. It has been further submitted that nothing has recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Vith cum Special Judge, Excise, Samastipur in connection with Samastipur (Muffasil) P.S. Case No. 698 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

Patna High Court Cr.Misc. No.31412 of 2018(2) dt.22-05-2018 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U