Raja Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.3505 of 2017 (2) dt.27-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3505 of 2017 Arising Out of PS.Case No. -122 Year- 2016 Thana -SACHIWALAYA District- PATNA ======================================================

1. Raja Kumar aged about 18 years, S/o Manki Ram Rajak,

2. Babban Prasad @ Babban Kumar, aged about 25 years, S/o Bangoli Rai, Both resident of Hartaili More, P.S.- Sachiwalaya, Distt- Patna. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Chandra Bhushan Verma For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Sachchivalaya P.S. Case No. 122 of 2016 registered for the offence under Section punishable under Section 30 (a) of Bihar Excise Act, 2016.

Allegedly, the petitioners and co-accused Jagdish Prasad were apprehended and on the basis of their disclosure 14 bottles of foreign liquor Royal Stag each containing 750 ml. were recovered. Submission is of false implication and that the petitioners have got no concern with the alleged recovery. The Police has falsely implicated the petitioners without any fault, they are in custody since 09.12.2016.

Patna High Court Cr.Misc. No.3505 of 2017 (2) dt.27-02-2017 Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of custody, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri K. M. Tiwary, A.C.J.M., Patna in connection with Sachchivalaya P.S. Case No. 122 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T