Raj Kumar Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42405 of 2017 Arising Out of PS.Case No. -261 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Raj Kumar Bhuiya Son of Bishun Bhuiya @ Bal Kishun Bhuiya, At P.O. Badinha Colony, P.S.- Indrapuri, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kumar For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Dehri (Indrapuri) P.s.Case No.261 of 2017 , registered for offences punishable under Sections 30(a)/34 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 300 ltrs. of country-made liquor from the roadside. From the FIR it appears that it was loaded on a Bolera and when the police raided, the accused persons fled away from there and the name of the petitioner has been disclosed by the co-accused. Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner and he is in custody for about three months. He has no

Patna High Court Cr.Misc. No.42405 of 2017 (2) dt.13-09-2017 2/3 criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpl. Judge, Excise, Rohtas at Sasaram in connection with Dehri (Indrapuri) P.S.case No.261 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T

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