Kapil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10855 of 2022 Arising Out of PS. Case No.-84 Year-2019 Thana- SALIMPUR District- Patna ====================================================== 1.

Kapil Rai Son Of Nagi Rai Resident Of Village - Gyaspur Mahaji P.S. Salimpur, District - Patna.

2.

Nanda Rai Son Of Asharfi Rai Resident Of Village - Gyaspur Mahaji P.S. Salimpur, District - Patna.

3.

Rajdeo Rai Son Of Ram Sharan Rai Resident Of Village - Gyaspur Mahaji P.S. Salimpur, District - Patna.

4.

Chandeshwar Rai Son Of Late Bachu Rai Resident Of Village - Gyaspur Mahaji P.S. Salimpur, District - Patna.

5.

Nagmani Rai Son Of Mundrika Rai Resident Of Village - Kaladiyara, P.S. Salimpur, District - Patna.

6.

Arun Kumar @ Arun Rai Son Of Lal Bahadur Rai Resident Of Village - Kaladiyara, P.S. Salimpur, District - Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a), 32(1)(2), 38(1)(2), 41(1) and 47 of the Excise Act. The learned counsel for the petitioners submits that the petitioners have antecedent as stated in Para-3 of the anticipatory bail petition and the allegation is of recovery of

Patna High Court CR. MISC. No.10855 of 2022(2) dt.22-07-2022 2/3 3476.250 litre of liquor from three vehicles as detailed in the F.I.R.

The learned counsel for the petitioners submits that the petitioners were not arrested from the spot and nothing was recovered from their conscious possession and they are neither the owner, nor the driver of aforesaid vehicles and their name came in the confessional statement of co-accused Ganesh Kumar @ Sonu and Uday Kumar @ Gope. It is next submitted that co-accused Arjun Yadav has been granted anticipatory bail by order dated 13.12.2019 in Cr. Misc. No.82950 of 2019. The learned Additional Public Prosecutor opposes the anticipatory bail application.

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 Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Special Case No.4202 of 2019 arising out of Salimpur P. S. Case No.84 of 2019, subject to the conditions laid down under Section 438(2)

Patna High Court CR. MISC. No.10855 of 2022(2) dt.22-07-2022 3/3 of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T