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Patna High CourtCR. MISC./7373/2017bail granted

Pappu Rai And ORS v. The State Of Bihar

2017-03-09Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7373 of 2017 Arising Out of PS.Case No. -897 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Pappu Rai, son of Kailash Rai, resident of Village- Janta Bazar, P.S.- Janta Bazar, District- Saran (Chapra).

2. Lav Rai @ Lav Kumar Rai @ Lav Kumar, Son of Nishu Rai, resident of Village- Rahar Diyara, P.S.- Sonepur, District- Saran (Chapra).

3. Ram Jee Rai, Son of Late Rajendra Rai, resident of Village- Hajipur Pakari, P.S.- Paswan Chok, District- Vaishali. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ved Prakash Srivastva For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Banka (Barahat) P.S. Case No. 897 of 2016, registered under Section 279 and 427 of the Indian Penal Code and Section 30 (a), 37 (b) of the Bihar Excise and Prohibition Act, 2016. The accusation is of recovery of two bottles, each containing 1000 ML, one bottle containing 750 ML, four bottles, each containing 600 ML of India made foreign liquor and two bottles of country made liquor kept in cabin of the truck, which was being driven by petitioner No. 1 and Petitioner Nos. 2 and 3

Patna High Court Cr.Misc. No.7373 of 2017 (2) dt.09-03-2017 2/2 were also found sitting in the said truck.

Learned counsel for the petitioner submits that petitioners are innocent and they have falsely been implicated in this case. Further submission is that petitioners are in custody since 04.11.2016.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No.897 of 2016. (Rajendra Kumar Mishra, J) manish/- U T