Patna High CourtCR. MISC./3115/2019bail granted

Kishundeo Rai @ Krishnadevo Ray v. The State Of Bihar

2019-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3115 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== Kishundeo Rai @ Krishnadevo Ray Late Lakhindra Rai Resident of VillageKhairvii, P.S.- Bathnaha , District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Bathnaha PS case no. 308 of 2018 registered for the offence punishable under Sections 272, 273/34 of Indian Penal Code and 30(a) of the Bihar Excise & Prohibition Act, 2016. The allegation is regarding recovery of 381 liters of illicit liquor from the house of one Manti Devi after a raid was conducted by the police.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only upon the confessional statement made by Manti Devi and no recovery has been made from the conscious possession of the petitioner. It is further submitted that the petitioner is having a

Patna High Court Cr.Misc. No.3115 of 2019(2) dt.23-01-2019 2/2 clean antecedent and he is languishing in custody since 26.11.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. II-cum- Special Judge, Excise Act, Sitamarhi in connection with Bathanaha PS case no. 308 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T