Ajay Rai @ Ajay Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.5176 of 2017 (2) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5176 of 2017 Arising Out of PS.Case No. -89 Year- 2016 Thana -MUSRIGHARARI District- SAMASTIPUR ====================================================== Ajay Rai @ Ajay Kumar Rai son of Ramswarth Rai, R/o villageGangapur, Ward No.1, P.S.- Musrigharari, DistrictSamastipur .......................................................Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Musarigharari P.S. Case No. 89 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47 (A) of Bihar Excise Act.

Allegedly, total 29 bottles each containing 750 ml. foreign liquor was recovered from beneath the land of cowshed of the petitioner.

Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner or from his house. The place of recovery is government land as is evident from seizure list itself, copy of seizure list was not given to any of the family members of the petitioner, the petitioner is in custody since 22.11.2016 having no criminal antecedent and as such he

Patna High Court Cr.Misc. No.5176 of 2017 (2) dt.09-03-2017 deserves sympathetic consideration.

Learned APP submits that the petitioner is named in the FIR. In the facts and circumstances stated above, considering the period of custody, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 4th, Samastipur in connection with Musarigharari P.S. Case No. 89 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) avin/- U T