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Patna High CourtCR. MISC./711/2017bail granted

Pritam Rai And ANR v. The State Of Bihar

2017-01-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.711 of 2017 Arising Out of PS.Case No. -217 Year- 2016 Thana -TARAIYA District- SARAN ======================================================

1. Pritam Rai, S/o Bir Bahadur Rai @ Beera Rai, Resident of VillageBhalua Shankar Dih, P.S.-Taraiya, District-Saran at Chapra,

2. Suresh Rai, S/o Late Jaleshwar Rai Resident of Village-Bhalua Nakta, P.S.-Taraiya, District-Saran at Chapra.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Taraiya P.S. Case no. 217 of 2016, registered under Sections 272 and 273 of the Indian Penal Code and Section 47 of Excise Act. The accusation is that petitioners forcibly kept two cartons of India made foreign liquor in the hut of the informant, when he made protest then both petitioners started to abuse and they also threatened to kill him. Thereafter, Police recovered 11 bottles, each containing 780 ML of India made foreign liquor. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the alleged liquor was recovered from the house of the informant, but due to grudge and enmity, he disclosed the

Patna High Court Cr.Misc. No.711 of 2017 (2) dt.20-01-2017 2/2 name of the petitioners saying that they kept the same in his hut. Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-IX, Saran at Chapra in connection with Taraiya P.S. Case No. 217 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T