Fulena Rai @ Fulaina Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.48544 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48544 of 2017 Arising Out of PS.Case No. -266 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. FULENA RAI @ FULAINA RAI, son of Late Polo Rai.

2. Ram Lakhan Rai @ Ram Lakhan Kumar, Son of Ram Nandan Rai @ Sri Nandan Rai. Both resident of Village- Paharpur Dhabauli, P.S.- Muffasil, O.P. Lakho, District- Begusarai.

.... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioners seek regular bail in connection with Begusarai Muffasil P.S. Case No. 266 of 2017, registered for offences punishable under Sections 30(a)(g), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 882 litres of foreign liquor. It has been submitted on behalf of the petitioners that he has falsely been implicated in this case only on the basis of suspicion and nothing has been recovered from their possession and they have been in judicial custody since 17.06.2017 and though they have one criminal antecedent but that is under Arms Act.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48544 of 2017 (2) dt.12-10-2017 Having heard both sides, considering the facts and circumstances of the case and the quantity of recovery, this application is disposed of with the direction to the court below to release the petitioners to his own satisfaction once charge is framed in this case or petitioners complete further three months in judicial custody, whichever is earlier.

(Vinod Kumar Sinha, J) sunil/- U T