Suambar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14622 of 2018 Arising Out of PS.Case No. -495 Year- 2017 Thana -MANER District- PATNA ======================================================

1. Suambar Rai, son of Sarikhan Rai, Resident of Village- Haldi Chhapra Badal Tola, P.S.- Maner, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Maner P.S. Case No. 495 of 2017 for offences punishable under Sections 30 (A) of the Bihar Madh Nishedh and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information that some persons have huge consignment of illicit liquor in the cremation ground, the police raided the place and apprehended Raju Dome while four others managed to flee away. The petitioner along with other were named by the apprehended co-accused and from the possession of Raju Dome 207 liters of illicit liquor was recovered. Accordingly,

Patna High Court Cr.Misc. No.14622 of 2018 (2) dt.13-03-2018 2/2 a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent, was not apprehended by the police but his name surfaced on the statement of co-accused. He submits that the apprehended coaccused has since been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 58769 of 2017 on 22.12.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of accusation, the period of custody as well as the fact that the petitioner does not have a criminal antecedent and other co-accused has already been granted the privilege of bail, let petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-cum-A.D.J.-8, Patna in connection with Maner P.S. Case No. 495 of 2017.

(Nilu Agrawal, J) Devendra/- U T