Durga Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58198 of 2018 Arising Out of PS.Case No. -229 Year- 2017 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Durga Rai, Son of Late Ram Prit Rai, resident of Village- Salempur, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Yugal Kishore, Advocate Rupa Kumari, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Lalganj P.S.Case No. 229 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and 30 (A), 32 (II) and 41 (i) of Bihar Prohibition and Excise Act, 2016.

Allegation as per F.I.R. against the petitioner is of recovery of 40 liters country made liquor from the motorcycle of the informant.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner and the petitioner is in custody since 18.07.2018.

Patna High Court Cr.Misc. No.58198 of 2018 (2) dt.28-09-2018 2/2 Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hajipur, Vaishali in connection with Lalganj P.S.Case No. 229 of 2017,subject to the following conditions:- 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) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T