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Patna High CourtCR. MISC./14475/2018bail granted

Ramjee Rai v. The State Of Bihar

2018-03-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14475 of 2018 Arising Out of PS.Case No. -285 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Ramjee Rai, S/o Late Sita Rai, resident of Village- Bhalu Budhan, P.S.- Chainpur, District- Kaimur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjay Kumar Patel For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 29.01.2018 in connection with Chainpur P.S. Case No. 285 of 2017 for offences punishable under Sections 30(a) of the Bihar Excise (Amendment) Act, 2016.

The prosecution case, as lodged by the police personnel, is that the house of the petitioner was raided along with the house of another co-accused and from the house of the petitioner 50 kg dried mahua and 50 kg wet mahua was recovered from the roof. Accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.14475 of 2018 (2) dt.13-03-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. He undertakes to cooperate in the investigation, provide all necessary information and not to tamper with the evidence or prosecution witnesses.

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

Considering the facts and circumstances and the materials on record, 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 Spl. Judge cum Addl. Sessions Judge-4th, Kaimur at Bhabua, in connection with Chainpur P.S. Case No. 285 of 2017, subject to the conditions that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T