Patna High CourtCR. MISC./16267/2017allowed

Tapeshwar Rai v. The State Of Bihar

2017-05-16Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.16267 of 2017 (4) dt.16-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16267 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================

1. Tapeshwar Rai Son of Sri Jay Lal Rai, Resident of Village-Majhauli, P.S. Bidpur, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babita Kumari, Adv. For the Opposite Party/s : Mr. Sri Dilip Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 16.02.2017 in connection with Industrial Area P.S. Case No. 25 of 2017 registered under Sections 467, 468, 469, 471, 420 and 414 of the Indian Penal Code and Section 30 and 47 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has been made accused in this case only on the basis of confessional statement of the co-accused. Nothing has been recovered from the conscious possession of the petitioner nor the petitioner has been arrested on the spot. The petitioner is rotting in custody for the last three months. Considering the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.16267 of 2017 (4) dt.16-05-2017 the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 25 of 2017.

(Arvind Srivastava, J) brajesh/- U T