Birendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51215 of 2016 Arising Out of PS.Case No. -56 Year- 2016 Thana -KOPA District- SARAN ====================================================== Birendra Rai, son of Late Shivbalak Rai, Resident of Village- Rewari, Mathiya Police Station- Kopa, District- Saran at Chapra. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47(A) of Excise Act.

Earlier the prayer for bail of the petitioner was rejected by this court vide order dated 22.06.2016 passed in Cr. Misc. No. 25757 of 2016 giving liberty to petitioner to renew his prayer for bail after four months, if his trial is not concluded and it is informed that still the trial of the petitioner is pending. It would appear from perusal of the first information report that only five litres country made liquor were recovered from conscious possession of the petitioner.

Patna High Court Cr.Misc. No.51215 of 2016 (2) dt.30-11-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Divya Prakash, learned Judicial Magistrate 1st Class, Chapra, Saran in connection with Kopa P.S. Case No. 56 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T