Sunil Rai @ Sunil Kumar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3815 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- CHAKIA District- East Champaran ======================================================

1. Sunil Rai @ Sunil Kumar Rai, Male, aged 28, son of Late Mangar Rai

2. Ajay Rai, Male, aged 26, son of Amar Rai @ Amar Ray Both residents of Vill-Ahirauliya, P.S-Chakia, Distt.-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2019 Heard both sides.

The petitioners apprehend their arrest in Chakia P.S. Case No.304 of 2018 registered under Sections 272, 273, 290 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

The police got information that Ashok Singh, Kundan Sah and Aditya Kumar @ Bhaddu were transporting illicit Indian made foreign liquor from a Scorpio in order to deliver the illicit liquor to the shopkeepers of Chakia market and on such a raid was conducted and 124 liters of Indian made foreign liquor is said to have been recovered from a rickshaw. The informant alleged that villagers quietly disclosed the name of the petitioners and four others who managed to flee away.

Patna High Court Cr.Misc. No.3815 of 2019(2) dt.25-01-2019 2/2 The learned counsel for the petitioners submits that the petitioners have been named at the instance of the police. Petitioners have got no criminal antecedent and police has got no material to show that the petitioners ever indulged in any illicit liquor business.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran, in connection with Chakia P.S. Case No.304 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T