Rakesh Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.39184 of 2016 (3) dt.27-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39184 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -HATHAURI District- MUZAFFARPUR ======================================================

1. Rakesh Prasad Son of Ram Binod Sah Resident of Village -Berai, P.SHathauri,District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 27.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 272, 273/34 of the Indian Penal Code and 47(A) of the Excise Act. 200 liters spirit is said to have been recovered from a hut situated in the orchard of the petitioner and it is stated that the petitioner managed to escape from that orchard when police raided said orchard.

Submission on behalf of the petitioner is that nothing was recovered from conscious possession of the petitioner who is languishing in jail custody since 3.7.2016. It is further contended that petitioner was earlier made accused in a case of excise Act in the year 2012 and that is the reason of false implication of the petitioner in the present case.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.39184 of 2016 (3) dt.27-09-2016 submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate X, Muzaffarpur in Hathauri P.S. Case no. 27/2016. shahid (Hemant Kumar Srivastava,J) U T