Patna High CourtCR. MISC./17212/2017allowed

Anil Rai @ Anil Kumar Rai And ORS v. The State Of Bihar

2017-04-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17212 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anil Rai @ Anil Kumar Rai, Son of Rambabu Rai.

2. Yodha Rai, @ Ram Ayodhya Rai, Son of Late Ram Chandra Rai.

3. Sanjay Kumar Ram, @Sanjay Rai, Son of Jagdish Ram Residents of village- Pakariya, P.S.- Madhuban, District - Eash Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 The petitioners are in custody since 23.01.2017 in connection with Chakia P.S. Case No. 14 of 2017, registered for offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act. Allegation against the petitioners is of recovery of 8.25 litres, 15 litres and 11.25 litres foreign liquor respectively. It has been submitted on behalf of the petitioners that though there is allegation of recovery of about 35 litres of indian made foreign liquor from the possession of these petitioners, however they have sufficiently been punished for the said offence as they have in judicial custody since 23.01.2017 and have no criminal antecedents.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.17212 of 2017 (2) dt.13-04-2017 2/2 Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chakia P.S. Case No. 14 of 2017. It is made clear if the petitioners again found involved in any of the like offences, prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U