Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5911 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dharmendra Rai Son of Raju Rai resident of village - Amwa Kan Katti, Police Station - Mehsi, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anwar Karim For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 22-02-2017 Heard both sides.

The petitioner seeks bail in connection with Mehsi P.S. Case No. 12 of 2016, instituted for the offence punishable under Sections 272, 273, 290/34 of the Indian Penal Code and Section 47(A) of the Excise Act.

On a tip off, the police raided the house of one Raju Rai where he and this petitioner were engaged in preparing the illicit liquor. On search, huge quantity of illicit liquor was recovered. Seeing the police party, they managed to escape. Learned counsel for the petitioner submits that the similarly situated co-accused Raju Rai has been allowed bail by a co-ordinate Bench of this Court vide order dated 28.10.2016 passed in Cr. Misc. No. 41847 of 2016. Nothing has been

Patna High Court Cr.Misc. No.5911 of 2017 (2) dt.22-02-2017 2/2 recovered from his conscious possession and the petitioner is in custody since 14.09.2016.

Learned APP, on the other hand, opposed the prayer. Considering the nature of the allegation against the petitioner as also that similarly situated co-accused has already been granted the privilege of bail, his prayer of bail is allowed. The petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VIth Motihari East Champaran in connection with Mehsi P.S. Case No. 12 of 2016.

(Sanjay Kumar, J) rohit/- U T