Patna High CourtCR. MISC./45932/2017bail granted

Rakesh Rai v. The State Of Bihar

2017-09-19Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.45932 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45932 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rakesh Rai Son of Nagendra Rai, resident of Village- Baltharawa, P.S. Piprakothi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Adv For the Opposite Party/s : Mr. Sri Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioner seeks regular bail in connection with Piprakothi P.S. Case No. 157 of 2017, registered for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 129.6 litres of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated and has not been arrested on spot and nothing has been recovered either from his conscious possession or from his house rather the recovery was made from a vehicle parked in front of his house. Further he has no criminal antecedent and has been in judicial custody since 17.08.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.45932 of 2017 (2) dt.19-09-2017 circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent, 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 Special Judge, Excise, Motihari, in connection with Piprakothi P.S. Case No. 157 of 2017. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

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