Tapeshwor Rai @ Tapeshwor Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10958 of 2020 Arising Out of PS. Case No.-400 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

TAPESHWOR RAI @ TAPESHWOR KUMAR RAY Son of Gaya Rai Resident of Village - Manorathi Tola Baghari, P.S.- Runnisaidpur, DistrictSitamarhi 2.

Akhilesh Rai @ Akhilesh Kumar Son of Gaya Rai Resident of Village - Manorathi Tola Baghari, P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha For the Opposite Party/s :

Mrs. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-06-2020 This case has been heard through video conferencing. 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 Section 30 (a), 38 (i) (ii) & 41 of the Bihar Prohibition and Excise Act, 2016. 9 liters of foreign liquor is said to have been recovered from the Baithaka of the petitioners. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or any trade of liquor. They have been falsely implicated in this case at the instance of their enemy. They were not apprehended on the spot. There is nothing on record to indicate the complicity of the petitioners

Patna High Court CR. MISC. No.10958 of 2020(2) dt.11-06-2020 2/2 barring the confessional statement of the apprehended person which has no evidentiary value in the eye of law. Petitioners are agreed to deposit a sum of Rs.2000.00 (Rupees Two Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

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 the learned A.D.J.-II-cum-Special Judge Excise Act, Sitamarhi in connection with Runnisaidpur P.S. Case No.400 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.2000.00 (Rupees Two Thousand) in the PM Cares fund. Trivedi/- (Anjani Kumar Sharan, J) U T