Nanda Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13112 of 2021 Arising Out of PS. Case No.-183 Year-2020 Thana- SALIMPUR District- Patna ====================================================== 1.

NANDA RAI Son of Asharfi Rai Resident of Gayaspur, P.S.- Salimpur, District - Patna.

2.

Niranjan Rai Son of Nanda Rai Resident of Gayaspur, P.S.- Salimpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hitesh Suman, Advocate Ms. Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-12-2021 Heard Mr. Hitesh Suman, learned Advocate for the petitioners and the learned APP for the State. The application with respect to petitioner no. 1 (Nanda Rai) is dismissed as withdrawn, as he has been arrested during the pendency of the application. The application with respect to the petitioner is dismissed as having become infructuous.

The petitioner no. 2 who is the son of petitioner no. 1, seeks bail in anticipation of his arrest in connection with Special Case No. 4252 of 2020, arising out of Salimpur P.S. Case No. 183 of 2020 dated 03.07.2020 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.13112 of 2021(2) dt.24-12-2021 2/2 Learned counsel for the petitioner no. 2 has submitted that he is a student and has been made accused only on the ground that there has been a recovery of 46 litres of Mahua liquor from the shop registered in the name of his father viz. petitioner no. 1. For the afore-noted reason coupled with the fact that the petitioner no. 2 has clean antecedents and is a student, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Special Case No. 4252 of 2020, arising out of Salimpur P.S. Case No. 183 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T