Patna High Court - Orders
Bolbam Bhar vs The State Of Bihar on 6 July, 2017
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27747 of 2017
Arising Out of PS.Case No. -2 Year- 2017 Thana -NADI NAINAHA District-
WESTCHAMPARAN(BETTIAH)
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Bolbam Bhar S/o- Late Motilal Bhar @ Motillal Roy, resident of Village-
Malkauli Kalighat, Police Station- Bagaha, District- West Champaran.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Lalit Narayan Jha
For the Opposite Party : APP
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 06-07-2017Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 08.03.2017 in connection with Bagaha Nadi P.S. Case No. 02 of 2017 for the offences alleged under Sections 272, 273, 414/34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 390 litres of Toddy. Recovery of the offending goods from the possession of the petitioner is denied. Similarly situated co-accused Binod Choudhary and Sandeep Kumar have been granted bail by this Court in Cr. Misc. No. 23860 of 2017. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 08.03.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction Patna High Court Cr.Misc. No.27747 of 2017 (2) dt.06-07-2017 2/2 of learned Additional Chief Judicial Magistrate-II, Bagaha, West Champaran in connection with Bagaha Nadi P.S. Case No. 02 of 2017 with the following conditions:
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/-
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