← Library
Patna High CourtCR. MISC./59562/2017bail granted

Surendra Rai v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59562 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Surendra Rai S/o Late Suraj Rai, R/o village- Yadav Nagar, P.S.- Sadar, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yugal Kishore, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sadar P.S. Case No.421 of 2017 instituted for the offences under Sections 143, 144, 158, 290, 414, 272/273 of the Indian Penal Code and Sections 25(1-b)A, 25-1A, 25-1AA, 25-1AAA, 26/26(ii), 35/27 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 12.25 litres of illicit liquor from the Varandah of the house of the petitioner. The learned counsel for the petitioner submits that the fact is that no recovery has been effected from the conscious

Patna High Court Cr.Misc. No.59562 of 2017 (2) dt.22-12-2017 2/2 possession of the petitioner. As far as the co-accused persons are concerned, they have been granted bail by this Court. It is submitted that the petitioner has got a clean antecedent and is languishing in custody since 24.08.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that he has got a clean antecedent, I direct the petitioner named above to be released on regular 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 Special Judge, Excise Act, Muzaffarpur in connection with Sadar P.S. Case No.421 of 2017. (Mohit Kumar Shah, J) N.H./- U T