Yogendra Rai @ Yogendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25059 of 2021 Arising Out of PS. Case No.-3 Year-2021 Thana- BISHWAMBHARPUR District- Gopalganj ====================================================== 1.

YOGENDRA RAI @ YOGENDRA RAI S/O SHIVDENI RAI R/o villageIsarpatti, P.S.- Bishambharpur, District- Gopalganj 2.

ABHISHEK RAI @ CHHOTU RAI S/O JITENDRA RAI R/o villageIsarpatti, P.S.- Bishambharpur, District- Gopalganj 3.

RAJAN RAI @ KHUTANI RAI @ PHUTANI RAI S/O JITENDRA RAI R/o village- Isarpatti, P.S.- Bishambharpur, District- Gopalganj ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Pritish Ranjan For the Opposite Party/s :

Md. Nasir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment)Act, 2018. 10 liters of foreign liquor is said to have been recovered from the house of the petitioner.

Patna High Court CR. MISC. No.25059 of 2021(2) dt.10-12-2021 2/3 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 with the seized liquor. They have no concern either with the seized liquor or the place of recovery or any trade of liquor. They have been falsely implicated in this case at the instance of their enemy. There is violation of Section 100 Cr.P.C. The house of the petitioners is joint family house. Petitioners have no criminal antecedent.

Petitioners are agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in 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 the learned Court below where the case is pending/successor Court in connection with Vishambharpur P.S. Case No.03 of

Patna High Court CR. MISC. No.25059 of 2021(2) dt.10-12-2021 3/3 2021, 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 their own blood relative, preferably, father, mother, brother, sister and/or his wife.

(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 Rs.10,000.00 (Rupees Ten Thousand) in the Patna High Court Legal Services Committee, Patna.

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