Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63371 of 2017 Arising Out of PS.Case No. -302 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Upendra Rai, Son of Late Ramashish Rai, Resident of Village- Baragovind, P.S.- Chakiya, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma Mr. Abhishek Kumar @ Sonu Babu For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chakiya P.S. Case No. 302 of 2017 instituted for the offences under Sections 272, 273 and 290 of the Indian Penal Code and sections 30(a) and 53(g) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 21.39 litres of illicit wine recovered from a Scorpio vehicle and the petitioner is said to have been apprehended from a place nearby the vehicle. The learned counsel for the petitioner submits that the fact is that no recovery has been effected from the person of the petitioner. It is submitted that the petitioner has a clean antecedent

Patna High Court Cr.Misc. No.63371 of 2017 (2) dt.17-01-2018 2/2 and he is in custody 15.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran in connection with Chakiya P.S. Case No. 302 of 2017.

S.Sb/- (Mohit Kumar Shah, J) U T