Rambhuwan Kumar @ Ram Bhuwan Kumar @ Rambhu Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.678 of 2017 (2) dt.12-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.678 of 2017 Arising Out of PS.Case No. -54 Year- 2015 Thana -SONEPUR District- SARAN ====================================================== Rambhuwan Kumar @ Ram Bhuwan Kumar @ Rambhu Rai, S/o- Sri Deoraj Rai, R/o- village- Chitrasenpur, P.S.- Sopur, District- Saran at Chapra, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kumar Yadav For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Petitioner is in custody since 03.10.2016 in connection with Sonpur P.S. Case No. 54 of 2015 registered under Sections 272, 273/34 of the Indian Penal Code and Section 47(A) of the Bihar Excise (Amendment) Act. 2016.

3.

According to prosecution case, 20 litres of illegal country made liquor along with raw material and utensils for preparing liquor were recovered from the Bhatti, which is said to have been operated by this petitioner along with others.

4.

Learned counsel for the petitioner has submitted that the petitioner is innocent and nothing has been recovered from the conscious possession of the petitioner nor he operates any Bhatti for preparing illegal country made liquor. The petitioner has falsely been implicated in this case due to village politics. Further, the co-accused,

Patna High Court Cr.Misc. No.678 of 2017 (2) dt.12-01-2017 namely, Shambhu Rai and Vijay Mahto, having similar allegation have already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 25081 of 2015 and 39558 of 2015 respectively. 5.

Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Sonpur P.S. Case No. 54 of 2015/ Corresponding to G.R. No. 761 of 2015.

(Arvind Srivastava, J) brajesh/- U T