Manu Rai @ Monu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4138 of 2020 Arising Out of PS. Case No.-485 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

MANU RAI @ MONU RAI Son of Shatrudhan Ray Resident of Village - Sandha, P.S.- Chapra Muffasil, Distt - Saran at Chapra. 2.

Bharat Rai Son of Late Jagarnath Rai Resident of Village - Sandha, P.S.- Chapra Muffasil, Distt - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Chapra (M) P.S. Case No.485 of 2019 registered for the offence under Sections 30A and 37B of the Bihar Prohibition and Excise Act. As per prosecution case, 140 litres of country made wine is said to have recovered from Maharani Asthan. Learned counsel for the petitioners submits that nothing has been recovered from the possession of petitioners. Petitioners have falsely been implicated in this case in the course of recovery. Mandatory provisions under Section 100 Cr.P.C has not been followed with regard to seize and Seizure. Petitioners have clean antecedent.

Patna High Court CR. MISC. No.4138 of 2020(2) dt.03-03-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Judge, Excise, Saran in connection with Chapra (M) P.S. Case No.485 of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Prabhat Kumar Singh, J) SUMIT/- U T