Lalan Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63417 of 2017 Arising Out of PS.Case No. -304 Year- 2017 Thana -RIGA District- SITAMARHI ====================================================== Lalan Patel S/o Late Nagendra Patel, R/o Village- Samodhi Tola Ramnagar, P.S.- Riga, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Riga P.S. Case No. 304 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The case of the prosecution is that the Police had apprehended one Tata Magic pick up van and 45 litres of illicit liquor was recovered as well as one Pappu Patel was apprehended. The said Pappu Patel has disclosed the name of one Gyatri Devi and the petitioner herein as the persons who were his accomplice. The Police had then raided the house of the said Gyatri Devi and 450 litres of illicit liquor was recovered.

The learned counsel for the petitioner submits that neither

Patna High Court Cr.Misc. No.63417 of 2017 (2) dt.17-01-2018 2/2 any recovery has been made from the petitioner herein nor the petitioner has been apprehended from the place of occurrence and merely on the basis of suspicion, he has been implicated in the present case. The other co-accused persons are stated to have granted bail by a coordinate Bench of this Court. The petitioner is having a clean antecedent and he is in custody 02.11.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named 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 A.D.J.-II-cum-Special Judge, Excise in connection with Riga P.S. Case No. 304 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T