Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5972 of 2017 Arising Out of PS.Case No. -398 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Rakesh Kumar Son of Nathuni Sah Resident of Mohalla- Orient Club Mali Tola, P.S.- Kazi Mohammadpur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Chandram For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

The petitioner seeks regular bail in connection with Excise Case No. 398 of 2016 registered for the offences punishable under Sections 30(g) and 37(b) of the Bihar Excise Act.

The petitioner was caught by the police when he was found selling Tari in intoxicated condition.

Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner and he has been made victim by the police. The petitioner is in custody since 08.12.2016, having no antecedent. Learned APP for the State, on the other hand,

Patna High Court Cr.Misc. No.5972 of 2017 (2) dt.22-02-2017 2/2 opposed the submission.

Considering the period of custody of the petitioner, facts and circumstances as stated above, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Excise Case No. 398 of 2016.

(Sanjay Kumar, J) ajaypd./- U T