Tulsi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16893 of 2018 Arising Out of PS. Case No.-185 Year-2012 Thana- PAROO District- Muzaffarpur ====================================================== Tulsi Rai, Son of Late Brahmdeo Rai, Resident of Village- Thenpur, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-03-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Paroo P.S. Case No. 185 of 2012, registered under Sections 420, 467, 468, 272, 290, 291 and 379 of the Indian Penal Code and Section 47 (A) of the Excise Act.

The accusation is that on receiving secret information about selling of illicit liquor in the hut of Sanjay Rai, Police personnel reached there for verification. On seeing the Police personnel, petitioner and other six persons named in the F.I.R. succeeded to flee away. On search, 150 pieces of pouches, each containing 200 ML India made foreign liquor, kept in plastic bags, were recovered.

Patna High Court Cr.Misc. No.16893 of 2018(2) dt.28-03-2018 2/2 Learned counsel for the petitioner submits that it would appear from the F.I.R. that the alleged hut, which was searched by the informant and others, was belongs to Sanjay Rai and the name of the petitioner has falsely been implicated in this case mere on suspicion as a associate of said Sanjay Rai, who is engaged in the business of illicit liquor. Further submission is that, in fact, the petitioner is accused in Paroo P.S. Case No. 17 of 2018, registered under Section 290 of I.P.C. and Section 37 (B)(C) of the Excise Act and due to that reason, the petitioner has falsely been implicated in this case. The petitioner is in custody since 18.01.2018.

Having regard to the facts and the 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 the Special Judge, Excise, Muzaffarpur in connection with Paroo P.S. Case No. 185 of 2012.