Subash Rai @ Subash Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63109 of 2017 Arising Out of PS.Case No. -321 Year- 2017 Thana -BANIAPUR District- SARAN ====================================================== Subash Rai @ Subash Kumar Rai, son of Rajendra Rai, resident of VillageSuraudha, P.S.- Baniyapur, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Baniyapur P.S. Case No. 321 of 2017 for the offences punishable under Sections 272, 273 of the Indian Penal Code, sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 60 liters of illicit liquor from a place adjacent to the Poultry farm of the petitioner.

The learned counsel for the petitioner submits that no recovery has been effected either from conscious possession of the petitioner or from the premises of the petitioner. It is further submitted that the petitioner has no criminal antecedent and he is

Patna High Court Cr.Misc. No.63109 of 2017 (2) dt.17-01-2018 2/2 in custody since 26.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 6th Additional District and Sessions Judge, Saran at Chapra in connection with Baniyapur P.S. Case No. 321 of 2017. (Mohit Kumar Shah, J) BTiwary/- U T