Arjun Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27462 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Arjun Kumar Rai, Son of Baidhnath Rai, Resident of VillageRamchandrapur Chora, Police Station- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Jay Prakash Sharma, Advocate. For the Opposite Party/s : ------ ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-07-2017 Heard Sri Jay Prakash Sharma, learned counsel for the petitioner.

No one appears for State.

The petitioner in the present case is seeking regular bail in Bibhutipur P.S. Case No. 69 of 2017 under Sections 30(a) of the Bihar Excise and Prohibition Act, 2016. Learned counsel for the petitioner submits that from a bare perusal of the First Information Report it would appear that the seizure has not been made from the house of the petitioner, rather it is alleged that the seizure is from the backyard of the house and, therefore, it is not in conscious possession of the petitioner. He also submits that the petitioner lives in a joint family and has been falsely implicated in the present case. The seizure is not in accordance with Section 100 of the Code of

Patna High Court Cr.Misc. No.27462 of 2017 (2) dt.01-07-2017 2/2 Criminal Procedure. Learned counsel further submits that the petitioner has also been implicated in Dalsinghsarai P.S. Case No. 87 of 2017, which has been lodged for the same cause of action as the one for which the present case has been filed. The petitioner has already been granted regular bail in the said case by the learned court below.

Considering the facts and circumstances of the case and that there is no criminal antecedent of the petitioner save and except the present case and the one arising out of the same transaction as also that the petitioner is in custody since 05.04.2017, let the petitioner, namely, Arjun Kumar Rai be enlarged on bail on his furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Rosera, District Samastipur in Bibhutipur P.S. Case No. 69 of 2017, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Dilip, AR U T