Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3504 of 2022 Arising Out of PS. Case No.-749 Year-2021 Thana- DANAPUR District- Patna ====================================================== 1.

MUKESH RAI SON OF SRI KITAB RAI R/O VILLAGE- PURANI PANAPUR, P.S.- AKILPUR, DSTRICT- SARAN 2.

VIR BAHADUR RAI SON OF SRI MOTI RAI R/O VILLAGE- PURANI PANAPUR, P.S.- AKILPUR, DSTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-05-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners and the learned APP for the State.

This is an application for regular bail on behalf of the petitioners for the offences alleged under section 414 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

As per allegation, both petitioners were intercepted by the police and 100 liters of liquor was recovered from their motorcycle. Learned counsel for the petitioners has submitted that the petitioners are persons of clean antecedents and they are in custody

Patna High Court CR. MISC. No.3504 of 2022(2) dt.31-05-2022 2/2 since 21.10.2021.

Considering the clean antecedents and the period of custody of the petitioners, let the petitioners above named be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Patna/ concerned court in connection with Special Case no. 6798 of 2021 arising out of Danapur P.S. Case no. 749 of 2021, subject to the following conditions:- 1.

The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

2.

At the time of furnishing bail bond, the petitioners shall file an affidavit to the effect that they shall not indulge themselves in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) s.hassan/- U T