Patna High CourtCR. MISC./8169/2017bail granted

Rakesh Singh @ Rakesh Kumar v. The State Of Bihar

2017-03-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8169 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -OBRA District- AURANGABAD ====================================================== Rakesh Singh @ Rakesh Kumar, S/o Shri Upendra Singh, Resident of VillKara Dube Bigaha, P.S.-Obra, Distt.-Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Mishra For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Obra P.S. Case No. 137 of 2016 instituted for the offence under Section(s) 30(a) of the Bihar Excise(Amendment) Act, 2016.

It is alleged that on seeing the police party the petitioner fled away after leaving the bag which contains 63 pouches of country made liquor of 200 ml each. The seizure list was accordingly prepared.

In this manner, the petitioner was not caught on the spot and it also does not appear from the seizure list that any recovery has been made from the conscious possession of the petitioner.

Patna High Court Cr.Misc. No.8169 of 2017 (2) dt.09-03-2017 2/2 The petitioner is said to be in custody since 28.12.2016.

It has been mentioned in para 3 of the petition that petitioner has no criminal antecedent.

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 learned Chief Judicial Magistrate, Aurangabad in connection with Obra P.S. Case No. 137 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Shageer/- U T