Nagendra Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17992 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -MANER District- PATNA ======================================================

1. Nagendra Rai, son of Late Siya Ram Rai,

2. Som Nath Rai @ Shobh Nath Rai, son of Tukan Rai, Both residents of Village- Lodipur, Police Station- Maner, Dist- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anurag Kumar, Mr. Abhay Kumar For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Maner P.S. Case No. 42 of 2017 registered for the offences punishable under Section 353 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Allegedly, the petitioners were apprehended after chase and 200 Liters country made Mahua liquor, mobile and 100 k.g. jaggery were recovered.

Submission is of false implication and that nothing has been recovered from the conscious possession of the petitioners and without any fault they are suffering in custody since

Patna High Court Cr.Misc. No.17992 of 2017 (3) dt.09-05-2017 2/2 03.02.2017.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering the detention of the petitioners now they are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Danapur in connection with Maner P.S. Case No. 42 of 2017 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T