Arvind Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16468 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== 1.

Arvind Ray Son of Upendra Rai @ Jawahasr Ray Residen of VillageSalempur,P.S.- Lalgunj, District- Vaishali. 2.

Jawahar Ray @ Upendra Rai Son of Suruj Rai Resident of VillageSalempur, P.S.- Lalgunj, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 20 litres of country made

Patna High Court CR. MISC. No.16468 of 2021(2) dt.09-12-2021 2/3 liquor from a motorcycle. The apprehended accused persons named the petitioners who fled away from the place of seizure.

It is submitted by learned counsel for the petitioners that petitioners were not apprehended at the spot. There is no recovery from the conscious possession of the petitioners. The petitioners have no concerned either with the apprehended persons or the seized contraband. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge, Excise Act, Vaishali in connection with Lalganj P.S. Case No. 145 of 2020, subject to the

Patna High Court CR. MISC. No.16468 of 2021(2) dt.09-12-2021 3/3 conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T