Kamal Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.45704 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45704 of 2017 Arising Out of PS.Case No. -202 Year- 2017 Thana -RIGA District- SITAMARHI ======================================================

1. Kamal Rai son of Late Baidnath Rai residence of village + P.O. - Panchhor, P.S. - Riga, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioner seeks regular bail in connection with Riga P.S. Case No. 202 of 2017, registered for offences punishable under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 1.5 litres of nepali liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case only. Moreover, he has sufficiently been punished for the said offence as he has been in judicial custody since 16.07.2017 and so far other criminal antecedent is concerned, he is on bail in that case. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that petitioner is an

Patna High Court Cr.Misc. No.45704 of 2017 (2) dt.19-09-2017 accused in one more case of similar nature, as such, this application is disposed of with the direction to the court below to release the petitioner to his own satisfaction once charge is framed in this case or after completion of three months of judicial custody of the petitioner, whichever is earlier.

(Vinod Kumar Sinha, J) sunil/- U T