Saroj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26543 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -PIYAR District- MUZAFFARPUR ====================================================== Saroj Rai son of Late Satrudhan Pd. Rai, Resident of Village- Rampurdayal, P.S.- Pear, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate. For the Opposite Party/s : Mr. Lalan Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-06-2017 Heard leaned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in Special Excise Case No. 49/2017 arising from Pear P.S. Case No. 19 of 2017 registered for the alleged offences under Sections 272, 273, 120 (B) of Indian Penal Code and Section 30 (A), 35 (A), 38/41 of Bihar Excise Act, 2016.

As per the prosecution case, several quantities of the foreign liquor were recovered from the vehicles. Two accused persons, namely, Rajeev Kumar and Vikash Kumar were apprehended on the spot whereas eight more persons managed to escape. The apprehend accused disclosed the name of the petitioner in the occurrence.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.26543 of 2017 (2) dt.14-06-2017 2/2 the petitioner was not apprehended on the spot. There is no recovery from the possession of the petitioner. He was apprehended from his house after about 16 days of the occurrence. The petitioner has been languishing in custody since 08.04.2017. Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the learned 3rd Additional Sessions Judge-cum-Special Judge Excise, Muzaffarpur in Special Excise Case No. 49/2017 arising out of Pear P.S. Case No. 19 of 2017.

(Prakash Chandra Jaiswal, J) shakir/- U T