Vijay Thakur @ Vijay Kr. Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56218 of 2017 Arising out of P.S. Case No.-47 Year-2017 Thana- HATHAURI District- Muzaffarpur =============================================== Vijay Thakur @ Vijay Kr. Thakur, S/o Sri Gopal Thakur, Resident of Village-Dhanaur, P.S. Katra, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishwajeet Singh, Adv. For the Opposite Party/s: Smt. Veena Rani Prasad, 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 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, there is recovery of huge amount of illicit liquor from the truck and bolero from a mango orchard at about 12.10 A.M. in the night on 04.04.2017, however, it is alleged that four persons managed to escape having taken the benefit of darkness. It is contended that the petitioner has been

Patna High Court Cr.Misc. No.56218 of 2017(2) dt.23-11-2017 2/2 implicated on the basis of alleged identification by Chowkidar though he belongs to a different village which is sixteen kilometers away from the petitioner's village and the details of the parentage and address of the petitioner has been given after fourteen hours. It is contended that no incriminating article has been recovered from the possession of the petitioner and further claims that he is having clean antecedent and is in custody after his surrender on 23.09.2017, thus, he has completed two months in custody.

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 Special Judge, Excise Act, Muzaffarpur in connection with Hathauri P.S. Case No. 47 of 2017 (Spl. Case No. 03 of 2017) with a condition that 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. (Dr. Ravi Ranjan, J) Vikash/- U T