Patna High CourtCR. MISC./6319/2017bail granted

Santosh Rai v. The State Of Bihar

2017-03-17Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.6319 of 2017 (2) dt.17-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6319 of 2017 Arising Out of PS.Case No. -143 Year- 2016 Thana -DAUDPUR District- SARAN ====================================================== Santosh Rai, Son of Sri Ram Rai, Resident of Village- Chamrahiyan, P.S.- Daudpur, District- Saran.

.... .... Petitioner

Versus

The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Daudpur P.S. Case No. 143 of 2016 registered for the offence punishable under Section 30 of Bihar Prohibition and Excise Act, 2016. Allegedly, the petitioner and co-accused Sunil Srivastava succeeded in fleeing away when they were selling liquor in a garden and from that garden six liter of foreign liquor was recovered in 16 bottles.

Submission is of false implication and that the petitioner being law abiding citizen has voluntarily surrendered on 16.12.2016 and since then he is in custody and now he has sufficiently been penalized.

Learned APP fairly submits that now lenient view can be taken.

Patna High Court Cr.Misc. No.6319 of 2017 (2) dt.17-03-2017 In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Mahendra Prasad Yadav, J. M. Saran at Chapra in connection with Daudpur P.S. Case No. 143 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T