Basant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35232 of 2017 Arising Out of PS. Case No.-203 Year-2016 Thana- MAHESI District- East Champaran ====================================================== Basant Rai Son of Deonarayan Yadav @ Kamleshwar Rai, R/o VillageAmwa Chaknagri, P.S.- Mehsi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. BINAY KRISHNA ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 10-08-2017 I have heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30 (a), (d) 9, 38, 33, 45 of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 10 litres raw spirit were recovered from the latrine situated in Bathan of the petitioner. Petitioner claims that he is in custody since 4.4.2017. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of 7th Addl. Sessions Judge, Motihari, East Champaran, in connection with Mehshi P.S. Case No. 203 of

Patna High Court Cr.Misc. No.35232 of 2017(2) dt.10-08-2017 2/2 2016.

If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds. .

That apart, in view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, East Champaran within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) Spd/- U