Ravi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33607 of 2018 Arising Out of PS. Case No.-352 Year-2017 Thana- BARGANIA District- Sitamarhi ====================================================== Ravi Rai , son of Ram Agya Rai, Resident of village- Masha Aalam, P.S.- Bairganiya, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Singh For the Opposite Party/s :

Sri Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Rajiv Ranjan Singh , learned counsel for the petitioner and Sri Dashrath Mehta, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Bairganiya P.S. Case No. 352 of 2017 , registered for the offence under Section 272 & 273 of the Indian Penal Code, 1860 and Section 30(A) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset , learned counsel for the petitioner has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. It has also been argued that petitioner has falsely been made accused as if he was identified by one of the Chaukidars while fleeing away. He submits that in this case as

Patna High Court Cr.Misc. No.33607 of 2018(2) dt.26-06-2018 2/2 per F.I.R. Police after getting secret information reached to the place of occurrence where Police noticed that accused persons bringing Nepali wine were loading on an Auto and after seeing Police all the accused persons fled away, and thereafter, petitioner along with other five persons were arrayed as accused as if he was one of the members who fled away . He submits that none of the accused persons were apprehended and falsely petitioner has been made accused in the present case.

Be that as it may , considering clean antecedent of the petitioner as well as the fact that nothing was recovered from conscious possession of the petitioner , in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Ravi Rai be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd Sitamarhi / concerned court in connection with Bairganiya P.S. Case No. 352 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T