Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10754 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -GARKHA District- SARAN ====================================================== Suresh Rai Son of Sukhdeo Rai Resident of Village- Sarbadih, P.S. Garkha District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 02.01.2017 in connection with Garkha P.S. Case No. 02 of 2017 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 of the Bihar Excise (Amendment) Act, 2016.

The prosecution case is that the police party on patrolling duty found the petitioner and one another engaged in selling liquor. The petitioner along with one another was apprehended and 10 litres of country made wine was recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.10754 of 2017 (2) dt.29-03-2017 2/2 petitioner that he is innocent, bears no criminal history and has been falsely implicated by the police.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No. 02 of 2017. (Nilu Agrawal, J.) Arjun/- U T