Ram Naresh Rai @ Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7031 of 2018 Arising Out of PS. Case No.-309 Year-2017 Thana- SAKRA District- Muzaffarpur ====================================================== Ram Naresh Rai @ Anil Rai, Son of Ram Nandan Rai, Resident of VillageSarmastpur, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sakra P.S. Case no. 309 of 2017 registered under Sections 272, 273 of Indian Penal Code and Section 30(a) and 41 of Bihar Prohibition & Excise Act-2016.

2860 lts. of cough syrup and foreign liquor is said to have been recovered in the course of unloading the same from truck by one Ramesh Kumar and three persons namely, Pankaj Kumar, Suresh Kumar and Chandan Kumar were apprehended while six accused persons including the petitioner managed to escape. The apprehended accused persons disclosed the name of the petitioner as one of their fleeing accomplice.

Patna High Court Cr.Misc. No.7031 of 2018(2) dt.12-02-2018 2/2 It is submitted by learned counsel for the petitioner that neither the petitioner was apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in the case by his agnates who is having grudge with him. He has neither any concern with the alleged vehicle nor with the seized liquor. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the disclosure of his name by co-accused persons. The petitioner has been languishing in custody since 18.12.2017.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge-cum-Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S. Case no. 309 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T