Suryadeo Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35311 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Suryadeo Kumar Rai, Son of Manoj Rai, Resident of Village Chhatani, P.S. Dawath, District- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Durgawati P.S.Case No.122 of 2017 registered for the offence punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act.

Allegation against the petitioner is of recovery of 60 liters of English wine kept in three bags of the petitioner. Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner rather from the dicky of the bus. He has no criminal antecedent and now he is in custody for 1 1⁄2 month. Heard learned A.P.P. also.

Having heard both sides and in view of the facts

Patna High Court Cr.Misc. No.35311 of 2017 (2) dt.04-08-2017 2/2 and circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise)-cum-A.D.J. VI, Kaimur at Bhabua, in Durgawati P.S. Case No.122 of 2017 (Excise Case No.1124/17), subject to the conditions that (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) The petitioner will not induce any witness or tamper with the evidence. (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) AnilKrSinha/- U