Kailash Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39375 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -HAYAGHAT District- DARBHANGA ====================================================== Kailash Roy, s/o late Hari Roy, r/o vill-Purvi Uchauli, PS- Hayaghat, DisdtDarbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Hayaghat PS case no. 37 of 2017 registered for the offences punishable under Sections 30(a), 48 and 41 of Bihar Excise Amendment Act, 2016.

The allegation of the prosecution (S.H.O.

Hayaghat) is that upon secret information received by police, the police force reached at the place of occurrence and saw a person sitting there with his motorcycle who was trying to flee away upon seeing the police party but was caught by the police and some quantity of liquor was seized. The said apprehended person is said to have disclosed that liquor was also being kept at his house and thereafter, the police party raided the house of the petitioner from where, liquor was seized.

Patna High Court Cr.Misc. No.39375 of 2017 (2) dt.19-08-2017 2/2 The learned counsel for the petitioner submits that the liquor was actually recovered from the courtyard and might have been planted by someone. It is further submitted that the petitioner has clean antecedent and he is in custody since 30.06.2017.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of 3rd Addl. District & Sessions Judge-cumSpecial Judge, Dharbhanga in connection with Hayaghat PS case no. 37 of 2017.

(Mohit Kumar Shah, J.) rinkee/- U T