Lalak Rai @ Jhalak Rai @ Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51996 of 2018 Arising Out of PS. Case No.-188 Year-2017 Thana- DORIGANJ District- Saran ====================================================== Lalak Rai @ Jhalak Rai @ Umesh Rai S/o Dina Nath Rai, R/o MohallaBalvan Tola, P.S.- Doriganj, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr. Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner. No one appears for the State.

The petitioner in the present case is seeking regular bail in connection with Doriganj P. S. Case No. 188 of 2017 registered for the offences punishable under Sections 272, 273, 308/34 of the Indian Penal Code and Sections 30 & 38 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that this petitioner is one amongst the 11 persons named in the FIR at the instance of the local Chaukidar against whom there are allegations that they were selling country made liquor in their respective Gumties. It is submitted that there is no specific allegation as to how much quantity has been recovered from the alleged Gumti of the petitioner. Learned counsel submits that the petitioner is in custody in this case since 05.07.2018.

Patna High Court Cr.Misc. No.51996 of 2018(3) dt.20-09-2018 2/2 It is further submitted that he has been granted bail in the cases mentioned in paragraph 3 of the present application. Considering the facts and circumstances of the case and taking into consideration that the petitioner has already been granted bail in other cases, in the nature of allegations wherein the petitioner has remained in custody for about 2 and 1⁄2 months, let the petitioner Lalak Rai @ Jhalak Rai @ Umesh Rai be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-cumAdditional Sessions Judge VI, Saran at Chapra in connection with Doriganj P. S. Case No.

188 of 2017 with further condition that one of the bailors of the petitioner would be a family member having no criminal antecedent, the petitioner should not be found involved in offence of similar nature in future and he would participate in course of trial on day to day basis. Two regular default of the petitioner in putting appearance in the trial court will lead to cancellation of his bail. These are in addition to the conditions prescribed under Section 437 (3) Cr.P.C.