Naveen Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63543 of 2017 Arising Out of PS.Case No. -171 Year- 2016 Thana -MUSAHRI District- MUZAFFARPUR ======================================================
1. Naveen Rai S/o Vijay Rai @ Vijay Kumar Ray, R/o Village- Dawarika Nagar, P.S.- Mushahari, Dist- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Mushahari PS case no. 171 of 2016 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and 30(a), 36, 38 of the Bihar Excise and Prohibition Act, 2016. The allegation is regarding recovery of 463 ltrs. of illicit liquor from Bolero pick-up van from where, one co-accused namely Mahadeo Bhagat was apprehended and he disclosed the name of the petitioner as the person who was his accomplice. The learned counsel for the petitioner submits that petitioner is neither the owner nor the driver of the said vehicle and he has been falsely implicated in the present case without any
Patna High Court Cr.Misc. No.63543 of 2017 (2) dt.17-01-2018 2/2 recovery having been effected from the conscious possession of the petitioner. It is further submitted that the petitioner is languishing in custody since 18.10.2017.
Considering the nature of accusation and the period of custody undergone, I deem it fit and appropriate to enlarge the petitioner on regular bail. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of 3rd Addl. Sessions Judge-cumSpecial Judge, Excise, Muzaffarpur in connection with Mushahari PS case no. 171 of 2016.
(Mohit Kumar Shah, J) rinkee/- U T