Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76092 of 2019 Arising Out of PS. Case No.-677 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== SUNIL RAI Son of Late Domi Rai Resident of Village - Kushail, Ward No. 14, P.S.- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Pupri P.S. Case No. 677 of 2018 registered under Sections 272, 273 of the Indian Penal Code and Section 30(a), 38, 41 of Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and nothing has been recovered from the house of the petitioner or his possession and he is in custody since 30.08.2019. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the petitioner has remained in custody since 30.08.2019, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.76092 of 2019(2) dt.28-11-2019 2/2 satisfaction of learned A.D.J. - II - cum - Special Judge, Excise Act, Sitamarhi in connection with Pupri P.S. Case No. 677/2018, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

And further condition that in case the petitioner is found involved in similar offence next time, the Officer-inCharge of Pupri Police Station shall take steps for cancellation of bail in the present case also.

(Rajeev Ranjan Prasad, J) Rajeev/- U T