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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15963 of 2022 Arising Out of PS. Case No.-237 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

BIPIN RAI @ BIPIN KUMAR @ BIPIN RAY Son of Bindeshwar Rai Resident of Village - Roshi Balthi Rasulpur, P.s.- Bochaha, Distt.- Muzaffarpur.

2.

Ravi Bhushan Rai @ Ravi Bhushan Ray Son of Rajbali Rai @ Rajbali Ray Resident of Village - Balthi Rasulpur, P.s.- Bochaha, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2022 At the outset, learned counsel for the petitioners submits that petitioner no. 2 namely Ravi Bhushan Rai has been arrested and as such, this petition has become infructuous, so far as petitioner no. 2 is concerned.

Accordingly, in respect of petitioner no. 2 (Ravi Bhushan Rai), this petition is dismissed as same has become infructuous.

By referring to paragraph - 8 of the petition, learned counsel for the petitioner submits that in the cause title, father's name of petitioner no. 1 has wrongly been mentioned, as Bindeshwar Rai, whereas, it should be Rajbali Rai, which is mentioned in the F.I.R.

Patna High Court CR. MISC. No.15963 of 2022(2) dt.15-07-2022 2/3 Accordingly, father's name of petitioner no. 1 be read as Rajbali Rai in place of Bindeshwar Rai.

Heard learned counsel for the parties through video conferencing .

Sole petitioner i.e. petitioner no. 1 apprehends his arrest in a case registered for the offence under Section 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.

411.060 liters of foreign liquor has been recovered from Tata 710 vehicle and petitioner is alleged to have fled away from the spot.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of petitioner (i.e. petitioner no. 1) and he has got clean antecedent. Considering the aforesaid facts and circumstances, let petitioner no. 1 namely Bipin Rai @ Bipin Kumar, in the event of his arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-I, Muzaffarpur in connection with Bochaha P.S. Case No. 237 of 2021, subject to conditions as laid down under

Patna High Court CR. MISC. No.15963 of 2022(2) dt.15-07-2022 3/3 Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) anay/- U T