Kamalesh Raut @ Kamlesh Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6362 of 2017 Arising Out of PS.Case No. -250 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Kamalesh Raut @ Kamlesh Raut, Son of Ram Lal Raut, Resident of Village- Gamhariya, P.S. Majorganj, District Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 09.09.2016 in connection with Complaint Case No. C2/250/16 for offences punishable under Sections 47(a) and 53(a) of the Bihar Excise (Amendment) Act, 2016.

The prosecution case, as lodged by the excise officials is that the petitioner was apprehended with foreign and Nepali saufi wine of 57.480 litres.

It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal antecedent and has falsely been implicated in the aforesaid case However, learned APP for the State submits that

Patna High Court Cr.Misc. No.6362 of 2017 (2) dt.20-02-2017 2/2 the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances and the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Complaint Case No. C2/250/16. (Nilu Agrawal, J) Rajesh/- U T