Balindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17131 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== 1.

BALINDRA RAI Son of Motilal Yadav Resident of Village - Balthi Gausi, P.S.- Sahebganj, Distt.- Muzaffarpur.

2.

Babita Devi W/o Balindra Rai Resident of Village - Balthi Gausi, P.S.- Sahebganj, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek bail in a case registered for the offences punishable under Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 01.02.2022, charge-sheet has been submitted in this case and have antecedent of one case. Allegation is of recovery of 270.360 litre of liquor from a Swift Car which was driven by petitioner no. 1. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.17131 of 2022(2) dt.15-04-2022 2/2 car does not belong to the petitioners and, as such, they were not aware what was kept in the car.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody since 01.02.2022, are persons with clean antecedent and chargesheet has been submitted, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.3,000/- (Rupees Three Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mairwa P.S. Case No. 42 of 2022.

(Satyavrat Verma, J) Kundan/- U T