Md. Raja Rain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14761 of 2017 Arising Out of PS.Case No. -87 Year- 2017 Thana -SITAMARHI District- SITAMARHI ====================================================== Md. Raja Rain S/o Md. Najir Rain Resident of Village- Rajopatti Ward No. 9 P.S. Sitamarhi District Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Sitamarhi P.S. Case No. 87 of 2017 instituted for the offence under Section(s) 272, 273 of the Indian Penal Code and Sections 30(A of the Bihar Liquor Prohibition Excise Act.

It is alleged that on receiving secret information that some illicit liquor has been loaded on a truck, the police went at the place and found that liquor is being unloaded from a truck and kept in a pick up van. The petitioner and two other persons were apprehended on the spot. It is alleged against the petitioner that he has got the truck brought to the place of occurrence. There is recovery of one mobile bearing no. 8271868337 from the

Patna High Court Cr.Misc. No.14761 of 2017 (2) dt.26-04-2017 2/2 possession of petitioner. The petitioner is merely alleged to be standing near the truck. It has been submitted that he was only unloading the foreign liquor from the truck to the pick up van. The petitioner is said to be in custody since 16.02.2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S.Case No. 87 of 2017, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) BTiwary/- U T