Raja Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 28506 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Raja Rai S/o Late Govind Rai, Resident of Village- Gangraha, P.S.- Gaighat, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Ranjan Kumar, Advocate For the S t a t e : Mr Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is seeking bail in a case registered under Sections 272, 273/34 of Indian Penal Code and Sections 30/38 of Bihar Excise Amendment Act, 2016.

It is submitted on behalf of the petitioner that the seizure list shows that an amount of Rs 5,000/- has been recovered from his pocket. His submission is that the same cannot be said to be the basis of his complicity in the offence. Further submission is that the other co-accused, namely, Nitesh Kumar @ Nitesh Kumar Singh and Sunny Kumar Singh, who are similarly situated persons, have been granted bail vide order dated 07.06.2017 passed in Cr Misc No 25330 of 2017 and order dated 15.06.2017

Patna High Court Cr.Misc. No.28506 of 2017 (2) dt.01-07-2017 2/2 passed in Cr Misc No 27073 of 2017. He is in custody since 11.03.2017 and that he has no criminal antecedent. Considering the aforesaid facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Samastipur in Kalyanpur Police Station Case No 31 of 2017.

(Madhuresh Prasad, J) M.E.H./- U T