Sudhir Jaiswal @ Sudhir Kumar @ Sudhir Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12652 of 2022 Arising Out of PS. Case No.-447 Year-2021 Thana- KHAIRA District- Saran ====================================================== 1.

Sudhir Jaiswal @ Sudhir Kumar @ Sudhir Kumar Jaiswal Son Of Satyanarayan Jayswal Resident Of Village- Maksusupur @ Maksuspur Tola Baluapar, (Khodaibagh), P.S.- Khaira, District- Saran at Chhapra. 2.

Sunil Kumar Jaiswal @ Sunil Jaiswal @ Tunna @ Sunil Kumar S/O Satyanarayan Jayswal Resident Of Village- Maksusupur @ Maksuspur Tola Baluapar, (Khodaibagh), P.S.- Khaira, District- Saran at Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-04-2022 For the reason of the father of the petitioners suffering from chronic illness who requires immediate medical care, this case has been taken up on priority. Heard Mr. Alok Kumar Alok, learned advocate for the petitioners and learned Additional Public Prosecutor representing the State.

The petitioners seek bail in anticipation of their arrest in connection with Khaira P.S. Case No. 447 of 2021 dated 10.12.2021 instituted for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act.

280 liters of spirit is said to have been recovered from the poultry farm of one Vikash Kumar, who on his arrest, has

Patna High Court CR. MISC. No.12652 of 2022(2) dt.28-04-2022 2/2 disclosed that the liquor belongs to the petitioners. The learned counsel for the petitioners submits that except for the confession of the co-accused, who was arrested on the recovery of liquor from his premises, the prosecution against the petitioners also has been launched. He further submits that they have never been made accused earlier in connection with the offence under the Bihar Prohibition & Excise Act, 2016.

For the reasons aforesaid, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Judge, Excise Court, Saran at Chapra in connection with Khaira P.S. Case No. 447 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) rishi/- U T