Prabhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26589 of 2018 Arising Out of PS. Case No.-119 Year-2017 Thana- RAGHOPUR District- Vaishali ====================================================== Prabhu Rai, Son of Chandeshwar Rai Resident of Village-Raghopur (West), P.S. Jurawanpur, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Raghopur P.S. Case No. 119 of 2017 registered under Sections 272, 273 and 414 of the Indian Penal Code, Sections 30(A), 32 and 41(1) of the Bihar Prohibition and Excise Act, 2016, and Sections 25(1-b)a and 26 of the Arms Act.

19 liters of country made liquor, one double barrel gun and one cartridge are said to have been recovered from the possession of the petitioner and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. He has no concern with

Patna High Court Cr.Misc. No.26589 of 2018(3) dt.03-05-2018 2/2 the seized article. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. He has no criminal antecedent. He has been languishing in custody since 24.10.2017.

Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Raghopur P.S. Case No. 119 of 2017 to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Vaishali at Hajipur.

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