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Patna High Court - Orders

Rambilash Sah (Prasad) vs The State Of Bihar on 22 June, 2016

Author: Shivaji Pandey

Bench: Shivaji Pandey

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.17046 of 2016
                         Arising Out of PS.Case No. -13 Year- 2016 Thana -CHAURADANO District-
                                             EASTCHAMPARAN(MOTIHARI)
                 ======================================================
                 Rambilash Sah (prasad), son of Kishori Lal Sah. Resident of Village-Gudri
                 Bazar, Chhauradano, P.S. Chhauradano, District East Champaran at
                 Motihari
                                                                       .... .... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Dr. Amrendra Kumar
                 For the Opposite Party/s   : Mr. Nityanand(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                 ORAL ORDER

3   22-06-2016

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 467, 487 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

A raid was conducted and from the possession of the petitioner 1000 liters of Kerosene Oil has been recovered. Allegation has been made that petitioner indulged himself in converting Kerosene Oil in petrol. Kerosene Oil is related to Public Distribution System and was found illegally in his possession. Petitioner is in jail since 13.2.2016.

Looking to the nature of allegation and period of custody, let petitioner, Rambilash Sah (Prasad), be released on Patna High Court Cr.Misc. No.17046 of 2016 (3) dt.22-06-2016 2 bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Raxaul at Motihari in connection with Chhauradano P.S. Case No. 13 of 2016, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner i.e. father, mother or brother (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.

(Shivaji Pandey, J) Vinay/-

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