Panchratan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40919 of 2017 Arising Out of PS. Case No.-455 Year-2016 Thana- BIHTA District- Patna ====================================================== Panchratan Rai, S/o Ram Bharosa Rai @ Bharosa Rai, resident of VillageMaudahi, Police Station- Bihta, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. CHANDRASEN PRASAD SINGH, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offence punishable under Sections 47/50 (c)/51 of Bihar Excise Amendment Act, 2016.

It is contended that, as per allegation, about 150 liters of country made liquor were recovered near the Sone River. Nothing has been recovered from the possession of the petitioner. His name has come in the confessional statement of the co-accused. It is urged that the petitioner is in custody since 21.06.2017. It is stated in paragraph 3 of the bail petition that the petitioner is also involved in Bihta P.S. Case No. 301/2017 under Sections 272, 273 of the Indian Penal Code and Sections 30 (a), 37 (b) (c) of the Excise Act.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on

Patna High Court Cr.Misc. No.40919 of 2017(2) dt.25-08-2017 2/2 furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Special Case No.320/2017 arising out of Bihta P.S. Case No.455 of 2016 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedent of the petitioner, he would be required to appear before the Senior Superintendent of Police, Patna within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Senior Superintendent of Police concerned upon his appearance. V.K.Pandey/- (Dr. Ravi Ranjan, J) U T