Jugal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 42973 of 2016 Arising Out of PS.Case No. -138 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jugal Rai son of Late Bahadur Rai Resident of Village-Dharhri, P.S.- Chiraiya, District-East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anwar Karim For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

18-10-2016 Heard Mr. Anwar Karim, learned counsel for the petitioner and Sri Ganesh Prasad Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 29-07-2016, has prayed for grant of bail in Chiraiya P.S. Case No. 138 of 2016 registered for offence under Sections 272, 273 of the Indian Penal Code and Section 47(A) of the Bihar Excise Amendment Act, 2016.

It was submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case. The petitioner was neither owner of the motorcycle, from which, about 20 bottles containing 300 ml. of Nepali wine was recovered nor he was having connection with the recovered articles. He further

Patna High Court Cr.Misc. No.42973 of 2016 (3) dt.18-10-2016 2/2 submits that in the same F.I.R., besides petitioner, other persons were also made accused on accusation of recovery of wine. He submits that petitioner is having clean antecedent and this fact has been stated in paragraph - 3 of the petition. Keeping in view the nature of accusation, period of custody and clean antecedent of the petitioner, let the petitioner namely Jugal Rai be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sikrahana at Dhaka, Motihari in connection with Chiraiya P.S. Case No. 138 of 2016.

(Rakesh Kumar, J.) Anay U T