High Court Patna High Court - Orders

Surendra Kumar vs The State Of Bihar on 4 November, 2011

Patna High Court – Orders
Surendra Kumar vs The State Of Bihar on 4 November, 2011
                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.26871 of 2011
                 ======================================================

Surendra Kumar, son of late Ram Narain Rai, resident of Tarachak P.S.
Danapur, District, Patna
…. …. Petitioner
Versus
The State Of Bihar
…. …. Opposite Party
======================================================

3 04-11-2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a

case registered for the offence punishable under sections 272, 273 of

the Indian Penal Code and 47 (A) of the Excise Act, is named

accused in this case with allegation of recovery of wine in huge

quantity from his hut said to have belonging to him.

Submission is that he has no concern with the said hut and is

resident of another village. During investigation also nothing has

emerged against the petitioner even the witnesses has simply stated

the name of the petitioner without any parentage or address.

Learned A.P.P. who is armed with carbon copy of the case

diary fails to refuse such submission.

Considering the facts and circumstances of the case, in

the event of his arrest/surrender before the Court below within four

weeks, let the above named petitioner be enlarged on bail on

furnishing bail-bond of Rs.10,000/- (ten thousand only) with two

sureties of the like amount each to the satisfaction learned Additional

Chief Judicial Magistrate, Danapur (Patna) in connection with

Danapur P.S. Case No. 234 of 2011, subject to condition laid down
2

under Section 438(2) of the Criminal Procedure Code with additional

condition to remain physically present before the Court below on each

and every date at least one year or till disposal of the case, whichever

is earlier, in case of failure on two consecutive dates, without giving

any reasonable explanation, the liberty granted shall be deemed to be

cancelled.

(Akhilesh Chandra, J)
ASHWINI /-