Munna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20546 of 2021 Arising Out of PS. Case No.-505 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Munna Rai S/O Bijendra Rai, R/o village- Makhdumganj, P.S.- Muffasil, District- Saran 2.

Sikendra Rai @ Sikandar Rai S/o Bhagirath Rai @ Bhagarith Ray, R/o village- Makhdumganj, P.S.- Muffasil, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Muffasil P.S. Case no. 505 of 2019 instituted for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case relates to recovery of 85 litres of country made liquor from an open place.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.20546 of 2021(2) dt.21-12-2021 2/2 been falsely implicated in this case. It is further submitted that petitioners are not apprehended on the spot. The name of the petitioners came in light after disclosure of some villagers to the police officials. The petitioners have no concern with the recovered liquor. Petitioner has no criminal antecedent. Learned APP for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Muffasil P.S. Case No. 505 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd ADJ-cum-Special Judge, Excise, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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