Patna High CourtCR. MISC./712/2020bail granted

Raj Kishore Rai v. The State Of Bihar

2020-01-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.712 of 2020 Arising Out of PS. Case No.-459 Year-2019 Thana- KESARIA District- East Champaran ====================================================== 1.

RAJ KISHORE RAI S/o Belki Rai R/o village- Kesariya Kadam Chauk, P.S.- Kesariya, District- East Champarnan 2.

Mohan Rai S/o Jata Rai R/o village- Kesariya Kadam Chauk, P.S.- Kesariya, District- East Champarnan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2020 This application, for grant of anticipatory bail, arises out of Kesariya P.S. Case No.459 of 2019, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition of Excise Act, 2016. Allegation is of recovery of 15 litres of liquor from the co-accused, who disclosed the names of petitioners as his associates.

Submission of learned counsel for the petitioners is that they have no criminal antecedent and have falsely been implicated in this case and save and except confessional statement of co-accused, there is absolutely nothing against the petitioners.

Patna High Court CR. MISC. No.712 of 2020(2) dt.23-01-2020 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in connection with Kesariya P.S. Case No.459 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T