Raj Kumar @ Raj Kumar Sao v. The State Of Bihar

Patna High Court Cr.Misc. No.47541 of 2016 (2) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47541 of 2016 Arising Out of PS.Case No. -340 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Raj Kumar @ Raj Kumar Sao Son of Mohan Sao, Resident of MohallaGautam Nagar, Police Station- Bodh Gaya, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajoy Kumar Chakraborty For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 11.01.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 272, 273, 120B of the Indian Penal Code and various sections of the Bihar Excise (Amendment) Act.

81 liters Indian made foreign liquor kept in several bottles were recovered from the vehicle of the petitioner. Petitioner was caught on the spot and remanded in judicial custody on 3.9.2016 and since then he is languishing in jail custody. Submission on behalf of the petitioner is that the petitioner does not have any criminal antecedent and first information report goes to show that the petitioner was only driver of the concerned vehicle.

Considering the period of detention of the petitioner in jail custody as well as facts and circumstances of the case, let the

Patna High Court Cr.Misc. No.47541 of 2016 (2) dt.11-01-2017 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. Chief Judicial Magistrate, Sherghaty (Gaya) in Barachatty P.S. Case no. 340/2016.

shahid (Hemant Kumar Srivastava,J) U T