Shyam Sundar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54208 of 2017 Arising Out of PS. Case No.-51 Year-2016 Thana- AURAI District- Muzaffarpur ====================================================== Shyam Sundar Rai, Son of Chandeshwar Rai, Resident of Village- Rajkhand, P.S.- Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Barun Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offence punishable under Sections 47 (A), 54, 57 and 63 of Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, Sanjay Kumar Gupta and Rajiv Kumar Sahi were running a shop which was given to them on rent by the petitioner and from that shop, there has been alleged recovery of 168 liters of country made liquor. It is contended that the petitioner is merely a landlord and he has no connection either with the shop or with the recovered items. It is urged that the co-accused Rajeev Kumar Shahi has already been granted bail by a co-ordinate Bench of this Court vide order dated 28.10.2016 passed in Cr. Misc. No.32634/2016. It is also urged that the petitioner has remained in custody since

Patna High Court Cr.Misc. No.54208 of 2017(2) dt.23-11-2017 2/2 22.09.2017,i.e., for about two months. It is claimed that his antecedent is clean.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Muzaffarpur in connection with Aurai P.S. Case No. 51 of 2016 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds. (Dr. Ravi Ranjan, J) V.K.Pandey/- U T