Patna High CourtCR. MISC./25660/2017bail granted

Shambhu Rai v. The State Of Bihar

2017-07-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25660 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSHEOHAR ======================================================

1. Shambhu Rai, son of Late Raj Kumar Rai, Resident of VillageNayagaon Bazar, P.S.- Shayampur Bhathan, District- Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The petitioner is in custody since 10.04.2017 in connection with C2 Case No. 42 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act 2016.

Allegation is of recovery of 25 litres of toddy. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, there is allegation of recovery of only 25 litres of toddy, for which petitioner has sufficiently been punished as he has remained in judicial custody for more than two and half months and has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.25660 of 2017 (4) dt.05-07-2017 2/2 circumstances of the case, quantity of liquor recovered and also that petitioner has no criminal antecedent and has remained in custody for more than two and half months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with C2 Case No. 42 of 2017.

It is made clear if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T