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Patna High CourtCR. MISC./10673/2016bail granted

Ram Sagar Rai v. The State Of Bihar

2016-03-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10673 of 2016 Arising Out of PS.Case No. -140 Year- 2015 Thana -KANHAULI District- SITAMARHI ======================================================

1. Ram Sagar Rai Son of Ziyalal Rai @ Bilal Rai, resident of VillageParasa Khurd, P.S.- Kanhauli, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. Pradeep Narain Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-272/273/34 of the Indian Penal Code and under Sections47(A)(F) of Excise Act. Although one liquor factory is said to have been unearthed from the hut of the petitioner but only 25 litres of country-made liquor is said to have been recovered from the aforesaid hut.

Learned counsel for the petitioner submits that as a matter of fact, the petitioner was not present on the place of occurrence as he had surrendered on the same day in Kanhauli P.S. Case No. 111 of 2015 and the petitioner does not have any

Patna High Court Cr.Misc. No.10673 of 2016 (2) dt.09-03-2016 2/2 concern with the hut, from which, the alleged recovery is said to have been made.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kanhauli P.S. Case No. 140 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi. (Hemant Kumar Srivastava, J) A.K.V./- U T