Pramod Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9633 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- GANGABRIDGE District- Vaishali ======================================================

1. Pramod Rai Son of late Dashrath Rai, Resident of Village - Saraipur, P.S. Ganga Bridge, District- Vaishali.

2. Sunil Rai @ Sunil Kumar Rai Son of Late Rameshwar Rai, Resident of Village - Saraipur, P.S. Ganga Bridge, District- Vaishali.

3. Sunil Rai @ Sunil Kumar @ Suneral Kumar Son of Shankar Rai, Resident of Village - Saraipur, P.S. Ganga Bridge, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amod Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2019 Heard both sides.

The petitioners apprehend their arrest in Ganga Bridge P.S. Case No.157 of 2018 registered under Section 30 (a) of the Bihar Prohibition and Excise Act.

The informant being S.H.O. of Ganga Bridge P.S. alleged that he got secret information at about 3:00 am that petitioners are unloading liquor from a truck and when the informant went there to verify the information, the informant and others saw the petitioners fleeing away.

Learned counsel for the petitioners submits that the petitioners have no manner of concern with the truck or liquor loaded in the truck. Merely because petitioners are well

Patna High Court Cr.Misc. No.9633 of 2019(2) dt.19-02-2019 2/2 acquainted with the informant and other police officials, therefore, their names have been implicated in this case. Having considered the fact that the informant did not disclose the source of information and the fact that the informant disclosed the names of petitioners stating that the petitioners managed to flee away but petitioners were identified by the informant and others since they were visiting the police station, the above named petitioners, 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge-cum-Additional Sessions Judge II, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No.157 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U