Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16454 of 2015 Arising Out of PS.Case No. -143 Year- 2014 Thana -AMNAUR District- SARAN ====================================================== Suresh Rai Son of Late Jaleshwar Rai, resident of Village - Bhalua Nakata, P.S. - Taraiya, District - Saran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Basant Kumar Singh, Advocate For the Opposite Party: Mr. Suresh Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Amnour P.S. Case No.143 of 2014 for the offence punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 47A of the Excise Act.

The prosecution story, in brief, is that on 25.11.2014 at about 9.00 P.M., the Officer Incharge along with police party proceeded towards the main road at Basantpur for raid where illegal sale of liquor was going on. When he reached there, he saw that a white colour pick-up van was coming. On seeing the police party, the persons, who were on the van, started fleeing away. However, the informant tried his best to catch them but they were not arrested. The informant arrested the driver of the pick-up van

Patna High Court Cr.Misc. No.16454 of 2015 (2) dt.10-06-2015 2/2 and on search; he found 200 litres of spirit kept in a blue colour of plastic drum from the van.

It has been submitted on behalf of the petitioner that the vehicle on which spirit is said to have been loaded was being driven by accused Manoj Kumar and the petitioner has categorically stated that he is not the owner of the vehicle and he has no concern with the vehicle or the spirit loaded on the vehicle. It has further been submitted that the petitioner is in custody since 27.01.2015.

On behalf of the State it has been submitted that the petitioner is named in the first information report. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Amnour P.S. Case No.143 of 2014.

(Sudhir Singh, J) B.T/- U T