Gabbar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.2329 of 2017 (2) dt.31-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2329 of 2017 Arising Out of PS.Case No. -246 Year- 2016 Thana -KOILWAR District- BHOJPUR ====================================================== Gabbar Rai, son of Lutan Rai, resident of Village- Mokhlisa, P.S.- Koilwar, District- Bhojpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jawed Ahmad, Advocate. For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Koilwar P.S. Case No. 246 of 2016 registered under Section 30 of the Bihar Excise (Amendment) Act, 2016.

The accusation is that two persons were seen on motorcycle in suspicious condition. When police made query and stop them then they started to flee away but, on chase, petitioner was apprehended with the motorcycle while another person succeeded to flee away. On search, two plastic tubes, each containing 25 litres of country made liquor were recovered. Learned counsel for the petitioner submits that petitioner has no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.2329 of 2017 (2) dt.31-01-2017 15.11.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Koilwar P.S. Case No. 246 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T