Patna High CourtCR. MISC./18695/2016bail granted

Mukhi Rai v. The State Of Bihar

2016-05-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18695 of 2016 Arising Out of PS.Case No. -310 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mukhi Rai, Son of Ramchandra Rai Resident of Village- Jikulia, P.S.- Mufassil, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Mr. Dashrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Near about 550 liters spirit are said to have been recovered from the house of the petitioner but submission on behalf of the petitioner is that for the aforesaid recovery, petitioner is in jail custody since 03.02.2016 and according to the prosecution case itself, the aforesaid recovery has not been made from conscious possession of the petitioner. It is further submitted that petitioner does have criminal antecedent of near about 12 cases but, as a matter of fact, the police as well as local police officials are in habit of implicating the petitioner in false cases and the present case is also a glaring example of the police officials. It

Patna High Court Cr.Misc. No.18695 of 2016 (2) dt.03-05-2016 2/2 is further submitted that petitioner has sufficiently been punished by remaining in jail custody since long and the investigat6ion against the petitioner has already been completed. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Mufasil P.S.Case No. 310 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T