Randhir Rai @ Randheer Ray v. The State Of Bihar

Patna High Court Cr.Misc. No.6027 of 2017 (2) dt.01-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6027 of 2017 Arising Out of PS.Case No. -351 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Randhir Rai @ Randheer Ray Son of Jagannath Rai, Resident of VillageKauria More, P.S.-Madhuban, District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 01.03.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

In huge quantity country made liquor and other apparatus which are used in manufacturing country made liquor were recovered from the house of the petitioner and taking note of the aforesaid fact as well as criminal antecedent of the petitioner, bail prayer of the petitioner was twice rejected by this court but while rejecting bail prayer of the petitioner on last occasion, trial court was directed to conclude the trial of the petitioner within four months. However, it is informed that the present case was registered under the Old Act but after coming into force of New Excise Amendment Act, trial court ordered de novo trial and again, framed charge under the provision of New Excise Amendment Act and trial of the petitioner could not be concluded within the period as fixed by this court. It is further submitted by him that moreover, having more or less similar

Patna High Court Cr.Misc. No.6027 of 2017 (2) dt.01-03-2017 allegation some co-accused have already been granted the privilege of bail by a coordinate bench of this court.

Considering the aforesaid facts and circumstances as well the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge IX, East Champaran at Motihari in Sessions trial no. 994/2016 arising out of Madhban P.S. Case no. 351/2015. shahid (Hemant Kumar Srivastava,J) U T