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Patna High CourtCR. MISC./1922/2022allowed

Raju Kumar @ Raju Ray v. The State Of Bihar

2022-06-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1922 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== 1.

Raju Kumar @ Raju Ray Son of Tapati Ray @ Tapeshwar Ray Resident of Ward No.2, Vishwanathpur, P.S.- Dumra, District- Sitamarhi. 2.

Sudhir Kumar Son of Rakesh Ray Resident of Ward No.2, Vishwanathpur, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 30 litres of illicit country made liquor from two motorcycles. The petitioner is alleged to have fled away from the place of seizure. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the

Patna High Court CR. MISC. No.1922 of 2022(2) dt.16-06-2022 2/2 spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioners have no concern either with the seized motorcycle or the illicit liquor. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Dumra P.S. Case No. 94 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T