Md. Raju @ Hazrat Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.54520 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54520 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Md. Raju @ Hazrat Ali, son of Fajlu Mian @ Md. Mokim, resident of Village- L.R.P. Road Banerhat, P.S.- Banerhat, District- Jalpaiguri (West Bengal).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar, Advocate For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with G.R.P. Darbhanga P.S. Case No. 74 of 2016 registered for the offences punishable under Sections 47, 57 of Bihar Excise (Amendment) Act, 2016.

Allegedly, the petitioner was caught after chase and from his bag 24 bottles of Bhutan Whisky each containing 750 ml. was recovered.

Submission is of false implication and that the petitioner has been made victim of circumstances, recovered articles were on platform and the petitioner has got no criminal antecedent. He is in custody since 02.09.2016 and there is no chance of tampering with prosecution evidence and as such, the petitioner deserves

Patna High Court Cr.Misc. No.54520 of 2016 (2) dt.21-12-2016 sympathetic consideration to which the learned APP opposes. 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 the learned Railway Judicial Magistrate, Samastipur in connection with G.R.P. Darbhanga P.S. Case No. 74 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