Patna High CourtCR. MISC./10510/2018bail granted

Dashrath Rai v. The State Of Bihar

2018-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10510 of 2018 Arising Out of PS.Case No. -386 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Dashrath Rai S/o Sri Mahendra Rai, R/o Vill.- Murgiyachak, Kashrahi, P.S.- Patepur, Distt.- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Tajpur (Halai) P.S. Case No.386 of 2017 registered for the offence punishable under Sections 272, 273, 279, 353 & 427 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 119.7 litres of illicit liquor from two co-accused persons and they are said to have disclosed the name of the petitioner herein. The learned counsel for the petitioner submits that no recovery has been effected from the person of the petitioner. It is further submitted that the petitioner is having clean antecedent.

Patna High Court Cr.Misc. No.10510 of 2018 (2) dt.27-02-2018 2/2 Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J., VI cum Special Judge, Samastipur in connection with Tajpur Halai P.S. Case No.386 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) N.H./- U T