Shyamdeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59846 of 2018 Arising out of PS. Case No.-107 Year-2018 ThanaBAIKUNTHPUR District- Gopalganj =============================================== Shyamdeo Rai Son of Late Shiv Bachan Rai, resident of VillageBahrampur, P.S. Baikunthpur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s: Smt. Sucheta Yadav, APP =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Sections 420 and 308/34 of the Indian Penal Code and Sections 30 (i)(ii) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 88.5 litres of foreign liquor was recovered from the houses of three persons including the petitioner. It is contended that the petitioner has no concern with the alleged illicit liquor. It is contended that nothing has been recovered from the conscious possession of

Patna High Court Cr.Misc. No.59846 of 2018(2) dt.06-10-2018 2/3 the petitioner. It is contended that the petitioner has been made accused in two other cases as stated in paragraph 3 of the bail petition. It is urged that the petitioner is in custody since 08.08.2018.

Considering the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on their furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Baikunthpur P.S. Case No. 107 of 2018 with a condition that if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. In view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Gopalganj within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for

Patna High Court Cr.Misc. No.59846 of 2018(2) dt.06-10-2018 3/3 cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) Vikash/- U T