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Patna High CourtCR. MISC./51097/2017bail granted

Panchratan Rai @ Yadav And ANR v. The State Of Bihar

2017-11-09Mr. Justice Dr. Ravi Ranjan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51097 of 2017 Arising Out of PS. Case No.-520 Year-2016 Thana- BIHTA District- Patna ======================================================

1. Panchratan Rai @ Yadav

2. Jyoti Rai @ Jyot Kumar @ Sit Rai @ Jot Kumar @ Jot Rai both sons of Ram Bharosa Rai @ Bharosi 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. GAURI SHANKAR GUPTA, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case registered for offence punishable under Sections 30 (a) and 50 of Bihar Excise Amendment Act, 2016.

It is contended that, as per allegation, 210 liters of Mahuta liquor was recovered near Sone River. Nothing has been recovered from the possession of the petitioners. They were not apprehended from the spot. It is urged that the petitioners are in custody since 13.05.2017. It is stated in paragraph 3 of the bail petition that the petitioners have also involved in similar nature of cases.

Considering the facts and circumstances of the case, the

Patna High Court Cr.Misc. No.51097 of 2017(2) dt.09-11-2017 2/3 petitioners, above-named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Special Case No.312/17 arising out of Bihta P.S. Case No. 520/2016 with a condition that if the petitioners, after their release in this case, are again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of their bail bonds.

That apart, in view of the antecedents of the petitioners, they would be required to appear before the Senior Superintendent of Police, Patna within fifteen days of their release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioners will be kept under watch in the aforesaid period by the Senior 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 Senior Superintendent of Police, a certificate will be filed by the petitioners before the court concerned which should be granted by the Senior Superintendent of Police concerned

Patna High Court Cr.Misc. No.51097 of 2017(2) dt.09-11-2017 3/3 upon their appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T