Patna High CourtCR. MISC./60153/2017bail granted

Raushan Kumar Singh v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60153 of 2017 Arising Out of PS.Case No. -418 Year- 2017 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Raushan Kumar Singh S/o Ram Ayodhya Singh Resident of VillageBarharwa, P.S.- Majorganj, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Majorganj PS case no. 418 of 2017 instituted for the offences punishable under Sections 272/273 of Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 75 ltrs. of illicit liquor from behind the house of the petitioner from the filed of one Ram Binay Singh.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that petitioner has no role to play in the alleged occurrence in as much as he is neither the owner of the

Patna High Court Cr.Misc. No.60153 of 2017 (2) dt.22-12-2017 2/2 said field nor any recovery has been made from the conscious possession of the petitioner, he has clean antecedent and is in custody since 06.10.2017.

Considering the nature of accusation, clean antecedent and the period of custody undergone, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J.-II-cum-Special Judge (Excise), Sitamarhi in Majorganj PS case no. 418 of 2017. (Mohit Kumar Shah, J) rinkee/- U T