Patna High CourtCR. MISC./39709/2017bail granted

Jai Prakash Bhagat v. The State Of Bihar

2017-08-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39709 of 2017 Arising Out of PS.Case No. -263 Year- 2017 Thana -BARAUNI District- BEGUSARAI ====================================================== Jai Prakash Bhagat son of Indrashan Bhagat, resident of village - Hasanpur, P.S. - Pipra, District - East Champaran (Motihari) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-08-2017 Heard Sri Birendra Kumar, learned counsel assisted by Sri Ravindra Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 16-07-2017 in Barauni P.S. Case No. 263 of 2017 registered for offence under Sections 188, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

Learned counsel for the petitioner submits that petitioner has falsely been implicated on accusation of recovery of about 34 liter of Indian make foreign liquor, kept in a bag. It was submitted by learned counsel for the petitioner that petitioner was only a passenger and when police arrived and started searching the vehicle, one of the passenger, who was just sitting besides the

Patna High Court Cr.Misc. No.39709 of 2017 (2) dt.19-08-2017 2/2 petitioner, fled away and thereafter, the petitioner was arrested on suspicion, as if, petitioner was the owner of the bag containing the liquor. By way of referring to statement made in paragraph - 3 of the petition, it was submitted by learned counsel for the petitioner that petitioner is having clean antecedent.

Considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner namely Jai Prakash Bhagat be enlarged 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 Additional Sessions Judge VII cum Special Judge, Excise Act, Begusarai in connection with Barauni P.S. Case No. 263 of 2017.

(Rakesh Kumar, J.) Anay U T