Birendra Rai @ Chhapariya @ Ravindra Kumar @ Ravindra Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.45391 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45391 of 2017 Arising Out of PS.Case No. -81 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Birendra Rai @ Chhapariya @ Ravindra Kumar @ Ravindra Kumar Singh son of Kallu Rai At present resident of village Pirauchha, P.S. Gayghat (Benibad O.P.) District Muzaffarpur Permanent Address : R/O village & P.S. Naya Gaun, District Saran at Chhapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Katra Anchal P.R. (Non F.I.R.) Case No.06/17-18 corresponding to Excise 81 of 2017 registered for offences punishable under Sections 30(a), 32(2), 37(b) and 38(2) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 2.250 ltrs. of liquor.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. The petitioner has no criminal antecedent and he has remained in custody for about two months.

Patna High Court Cr.Misc. No.45391 of 2017 (2) dt.15-09-2017 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Katra Anchal P.R. (Non F.I.R.) Case No.06/1718 corresponding to Excise 81 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T