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Patna High CourtCR. MISC./12940/2023allowed

Ravindra Rai @ Arvind Rai v. The State Of Bihar

2023-04-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12940 of 2023 Arising Out of PS. Case No.-328 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Ravindra Rai @ Arvind Rai Son Of Late Gulab Rai Resident Of Village - Rustampur Punch Pariya, Police Station - Raghopur (Rustampur O.P.), District - Vaishali At Hajipur.

2.

Raju Rai @ Joki Rai Son Of Ravindra Rai @ Arvind Rai Resident Of Village - Rustampur Punch Pariya, Police Station - Raghopur (Rustampur O.P.), District - Vaishali At Hajipur.

3.

Rajan Rai Son Of Ravindra Rai @ Arvind Rai Resident Of Village - Rustampur Punch Pariya, Police Station - Raghopur (Rustampur O.P.), District - Vaishali At Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 479.7 liters of foreign liquor is said to have

Patna High Court CR. MISC. No.12940 of 2023(2) dt.28-04-2023 2/3 been recovered behind the house of co-accused. He submits that the petitioners are not the owner of the said land. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Petitioners are agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Raghopur (Rustampur O.P.) P.S. Case No. 328 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

Patna High Court CR. MISC. No.12940 of 2023(2) dt.28-04-2023 3/3

(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) devendra/- U T