Patna High CourtCR. MISC./20775/2017bail granted

Raja Kumar v. The State Of Bihar

2017-05-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20775 of 2017 Arising Out of PS.Case No. -126 Year- 2017 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Raja Kumar Son of late Bindeshwari Mahto Resident of Mohalla- Sipahi Tola, Baksa Ghat, Road , P.S. K.Hat, (Madhubani) District Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2017 The petitioner seeks regular bail in connection with Special Case No. 231 of 2017, arising out of K.Hat/Madhubani P.S. Case No. 126 of 2017, registered for offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 7.2 litres of foreign liquor. It has been submitted on behalf of the petitioner that petitioner being a labour has falsely been implicated in this case at the behest of the informant as the petitioner had some dispute with the informant with regard to the payment. Moreover, in this case as alleged only 7.2 litres of foreign liquor has been recovered from the possession of the petitioner, for which petitioner has sufficiently been punished as he has been languishing in judicial custody since 11.03.2017.

Patna High Court Cr.Misc. No.20775 of 2017 (3) dt.10-05-2017 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, quantity of liquor recovered, period of custody and also petitioner has no criminal antecedent, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-Cum-Special Judge (Excise Act), Purnea, in connection with Special Case No. 231 of 2017, arising out of K.Hat/Madhubani P.S. Case No. 126 of 2017. It is also made clear that if the petitioner again found involved in any of such offence, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T