Patna High CourtCR. MISC./55311/2017bail granted

Dilip Kumar Roy @ Dilip Roy v. The State Of Bihar

2017-11-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55311 of 2017 Arising Out of PS. Case No.-188 Year-2017 Thana- RAJNAGAR District- Madhubani ====================================================== Dilip Kumar Roy @ Dilip Roy, son of Late Lakshmi Roy, resident of VillageKusmaul, P.S. Raj Nagar, District-Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr. Yogendra Kr. Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-11-2017 Heard Sri Gagandeo Yadav, learned counsel for the petitioner and Sri Yogendra Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 26.08.2017 in Raj Nagar P.S. Case No.188/2017 registered for the offence under Sections 272/273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

By way of referring to the F.I.R., it was submitted by learned counsel for the petitioner that it is a peculiar case that the informant, who is a police official, has named the petitioner on information that the petitioner and one another had kept huge quantity of Nepali country made liquor in the house of Tara Devi and, thereafter, search was conducted in the house of Tara

Patna High Court Cr.Misc. No.55311 of 2017(2) dt.16-11-2017 2/2 Devi and subsequently 705 liters of Nepali country made liquor was recovered. He submits that even the seizure list was not got signed by any independent witnesses and at the time of search also, the house owner, namely Tara Devi was not available and the petitioner only on suspicion and some untenable circumstances has been made accused.

Considering the nature of accusation and period of custody, the Court is of the opinion that it a fit case for extending the privilege of bail. Accordingly, let the petitioner, namely, Dilip Kumar Roy @ Dilip Roy 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 learned Addl. Sessions JudgeII-cum- Special Judge, Excise Act, Madhubani in connection with Raj Nagar P.S. Case No.188 of 2017.

(Rakesh Kumar, J) nawalkrs/- U T