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Patna High CourtCR. MISC./4325/2019bail granted

Dhunni Rai @ Tunni Rai @ Nathun Rai And ANR v. The State Of Bihar

2019-01-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4325 of 2019 Arising Out of PS. Case No.-395 Year-2018 Thana- FATUHA District- Patna ======================================================

1. Dhunni Rai @ Tunni Rai @ Nathun Rai S/o Late Tokha Rai Resident of Village- Rukunpur, P.S.- Fatuha, District - Patna

2. Neuri Rai @ Davindra Kumar S/o Tunni Rai @ Dhunni Rai @ Nathun Rai Resident of Village- Rukunpur, P.S.- Fatuha, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan Sinha For the Opposite Party/s :

Mr.B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2019 Heard both sides.

The petitioners apprehend their arrest in Special Case No. 6346 of 2018, arising out of Fatuha P.S. case No. 395 of 2018, registered under Section 30 (A) of Bihar Prohibition & Excise Act.

The gist of the allegation is that police on information went by the side of Punpun river and saw the petitioners fleeing away. The villagers disclosed the name of petitioners. It is further alleged that on search 40 liters of country made Mahua liquor was recovered.

The learned counsel for the petitioners submits that nothing has been recovered from the possession of the petitioners. The petitioners are father and son and they have got

Patna High Court Cr.Misc. No.4325 of 2019(2) dt.28-01-2019 2/2 no criminal antecedent. They have no manner of concern with the Mahua liquor recovered by the side of river. Considering the facts that name of the petitioners were disclosed by the villagers but nothing has been recovered from their possession, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 6346 of 2018, arising out of Fatuha P.S. case No. 395 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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