Jaikant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29672 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -BYPASS District- PATNA ====================================================== Jaikant Rai S/o Sajivan Rai Resident of Village-Baglodan Gali, Police Station-Chowk Patna City, District-Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged that 342 litres of foreign liquor is said to have been recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.05.2017. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. He is not named in the F.I.R. His name has come in course of investigation. It is alleged that total 342 litres of foreign liquor is

Patna High Court Cr.Misc. No.29672 of 2017 (2) dt.07-07-2017 2/2 said to have been recovered from the possession of the petitioner. There is no compliance of section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise Act), Patna, in connection with Special Case No. 589 of 2017, arising out of Bypass P.S. Case No. 11 of 2017. (Sudhir Singh, J) Amit/- U T