Sakindra Rai @ Sakindar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39470 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Sakindra Rai @ Sakindar Rai, S/o Sita Ram Rai, R/o Village Supaul Tariya,P.S. Mahua, Distt. Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Mahua P.S. Case No. 128 of 2017 registered for the offences punishable under Sections 414 of the Indian Penal Code and 30(A), 32(ii) and 41(ii) of Bihar Excise Act.

Allegation against the petitioner is of recovery of 262 litres of foreign liquor from the vehicle of the petitioner and petitioner is said to be driver of the vehicle. Submission of learned counsel for the petitioner is that he is driver and has nothing to do with the seized articles and the persons traveling in vehicle have fled away and petitioner is in custody since 20.5.2017 having no criminal antecedent. Heard learned APP also.

Patna High Court Cr.Misc. No.39470 of 2017 (3) dt.12-09-2017 2/2 Having heard both sides and in view of facts and circumstances, this application is disposed of with a direction to learned court below that once charge has been framed in this case or petitioner completes five months period in judicial custody, whichever is earlier, he will release the petitioner on bail to its own satisfaction, if application for bail is filed. (Vinod Kumar Sinha, J) spal/- U