Rajesh Nut @ Brahmchari Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8390 of 2024 Arising Out of PS. Case No.-711 Year-2023 Thana- MADHAURAH District- Saran ====================================================== 1.

Rajesh Nut @ Brahmchari Nut Son of Late Tiyaj Nut R/o vill - Bishunpura, P.s. - Marhowrah, Distt. - Saran at Chapra 2.

Geeta Devi @ Gudiya W/o Rajesh Nut @ Brahmchari Nut R/o vill - Bishunpura, P.s. - Marhowrah, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rajani Kumari For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and petitioner no. 2 is a woman and allegation is of recovery of 60 liters of liquor from a place in front of the house of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and they came to be

Patna High Court CR. MISC. No.8390 of 2024(2) dt.26-02-2024 2/2 implicated merely for the reason that alleged recovery is from a place which is nearby to their house but then the said place is accessible to public at large.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Marhowrah P.S. Case No. 711 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T