Bindeshwari Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41793 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bindeshwari Ray Son of Late Sakaldeo Rai, resident of Village- Siswan, P.S.- Raxaul, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Gopal Sharan Singh, Advocate For the Opposite Party : Mr. Sri Ram Bachan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Excise Case No. 33 of 2016 registered for the offence punishable under Section 47 (a) Bihar Excise (Amendment) Act.

Allegedly, 01 liter and 180 ml. Nepali country made liquor was recovered from the bag of the petitioner and the petitioner succeeded in fleeing away.

Submission is of false implication and that the petitioner is in custody since 19.05.2016 and as such, the petitioner deserves sympathetic consideration, to which the learned A.P.P. does not dispute.

In the facts and circumstances stated above, the

Patna High Court Cr.Misc. No.41793 of 2016 (2) dt.06-10-2016 2/2 petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned S.D.J.M., Raxaul at Motihari, in connection with Excise Case No. 33 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T