Kumar Gaurav Rai @ Gaurav Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59676 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ====================================================== Kumar Gaurav Rai @ Gaurav Kumar Rai Son of Amar Kumar resident of village - Tira Jatmalpur, P.S. - Kalyanpur, District - Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== 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 N.H. Bangara P.S. Case No.83 of 2017 instituted for the offences under Sections 272, 273, 414/34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 106 litres of illicit foreign made liquor from the vehicle in which the petitioner was sitting on the driver's seat.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and he is not the owner of the said vehicle. It is submitted that

Patna High Court Cr.Misc. No.59676 of 2017 (2) dt.22-12-2017 2/2 the petitioner has got a clean antecedent and is languishing in custody since 09.09.2017.

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 2nd Additional Sessions Judge, Samastipur in connection with N.H. Bangara P.S. Case No.83 of 2017. (Mohit Kumar Shah, J) N.H./- U T