Mohan Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.28161 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28161 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -MALSALAMI District- PATNA ======================================================

1. Mohan Rai, son of Kammat Rai, Resident of Village- Marufganj Pathar Ghat, Police Station- Malsalami, District- Patna.

2. Rohit Kumar, son of Vijay Rai, Resident of Village- Kaima Shikoh, Police Station- Chowk, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioners : Mr. Bhim Kumar Yadav, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 10.05.2017 in connection with Malsalami P.S. Case No. 95 of 2017 for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 65 litres of Mahua liquor. Recovery of the offending goods from the possession of the petitioner is denied. It is submitted that there is only one other case of different nature of petitioner no. 1 in which he has been made accused. Petitioner no. 2 claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 10.05.2017 already suffered, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court Cr.Misc. No.28161 of 2017 (2) dt.06-07-2017 satisfaction of learned Special Judge, Excise, Patna in connection with Malsalami P.S. Case No. 95 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/- U T