Patna High CourtCR. MISC./4025/2017bail granted

Ramashish Rai v. The State Of Bihar

2017-03-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4025 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramashish Rai, son of Late Ganga Rai, resident of village- Kundwa Chainpur, Hardiya, P.S. Kundwa Chainpur, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 272 and 273 of the I.P.C and sections 30 (a) and 37 (a) of the Bihar Excise (Amendment) Act, 2016. Allegedly, the petitioner was apprehended with the motorcycle and on the motorcycle from the bag 180 bottles of Nepali Saifi liquor each containing 300 ml. was recovered. Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, the petitioner has been made victim of the circumstances, by remaining in custody he has been sufficiently penalized having no

Patna High Court Cr.Misc. No.4025 of 2017 (2) dt.06-03-2017 2/2 criminal antecedent.

The learned A.P.P. submits that the petitioner is in custody since 30.10.2016.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Sikrahna at Dhaka in Kundwa Chainpur P.S. Case No. 106 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T