Bablu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 55717 of 2017 Arising out of P.S. Case No.-340 Year-2017 Thana- PATORI District- Samastipur =============================================== Bablu Rai, Son of Surendra Rai, Resident of Village- Hetanpur Dhamaun, P.S. Patori, District Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar, Adv. For the Opposite Party/s: Mr. Kanhaiya Kishore, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Sections 30, 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 27 litres of foreign liquor was allegedly recovered from the house of the petitioner but no incriminating article has been recovered from his personal possession. It is urged that the petitioner has remained in custody since 26.09.2017, i.e., for about two months.

Patna High Court Cr.Misc. No.55717 of 2017(2) dt.23-11-2017 2/3 Considering the facts and the circumstances of the case, the petitioner, above named, 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 the Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Samastipur in connection with Shahpur Patory P.S. Case No. 340 of 2017 with a condition that one of the bailors of the petitioner(s) must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner.

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

In view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Samastipur 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

Patna High Court Cr.Misc. No.55717 of 2017(2) dt.23-11-2017 3/3 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) Vikash/- U T