Ram Daresh Rai @ Daresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14555 of 2017 Arising Out of PS.Case No. -416 Year- 2016 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Ram Daresh Rai @ Daresh Rai, Son of Late Julum Rai, resident of villageBaraheta, P.S.- Runni Saidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-04-2017 Heard the parties.

This is an application for bail in connection with Runni Saidpur P.S. Case No. 416 of 2016 registered for the offences punishable under Sections 30(g), 38 (1) (2) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is recovery of 17 litres of country made liquor.

It has been submitted on behalf of the petitioner that nothing has been recovered either from his possession or house of the petitioner rather it has been recovered from the field of the petitioner and he is in custody in this case for more than three months. It has further been submitted that petitioner is an accused in one more case of similar nature and in that case similar type of

Patna High Court Cr.Misc. No.14555 of 2017 (3) dt.27-04-2017 allegation has been made against the petitioner. Heard learned APP also.

Having heard both sides and in view of the facts stated above and considering the fact that the petitioner has remained in custody for more than three months, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Runni Saidpur P.S. Case No. 416 of 2016 subject to the condition that if his complicity is found in similar type of case in future, his bail bond shall be cancelled. This application is allowed accordingly.

(Vinod Kumar Sinha, J) S.Sb/- U T