Kumbha Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.45048 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45048 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -KHAJEKALLAN District- PATNA ======================================================

1. Kumbha Rai, S/o Sri Girja Rai, Resident of Mohalla Sirighat, P.S.- Khajekalan, Dist- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioner seeks regular bail in connection with Khajekallan P.S. Case No. 111 of 2017, registered for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 450 pouch of country made liquor, 27 litre of Mahua wine and 8 bottles of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case at the instance of police and has no criminal antecedent and has been in judicial custody since 13.07.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of

Patna High Court Cr.Misc. No.45048 of 2017 (2) dt.15-09-2017 recovery and period of custody and also that petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Khajekallan P.S. Case No. 111 of 2017. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T