Jeetan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18747 of 2023 Arising Out of PS. Case No.-306 Year-2022 Thana- AURAI District- Muzaffarpur ====================================================== 1.

JEETAN RAI Son of Late Jagdish Rai Resident of village - Patori, P.S.- Aurai, District - Muzaffarpur.

2.

Baidyanath Rai Son of Jeetan Rai Resident of village - Patori, P.S.- Aurai, District - Muzaffarpur.

3.

Sikinder Rai Son of Jeetan Rai Resident of village - Patori, P.S.- Aurai, District - Muzaffarpur.

4.

Raja Rai Son of Jeetan Rai Resident of village - Patori, P.S.- Aurai, District - Muzaffarpur.

5.

Chulhai Rai Son of Jeetan Rai Resident of village - Patori, P.S.- Aurai, District - Muzaffarpur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Nachiketa Jha, Advocate For the Opposite Party :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections-272, 273/34 of the Indian Penal Code and Section-30(a) of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that 5 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged

Patna High Court CR. MISC. No.18747 of 2023(2) dt.10-05-2023 2/2 that 5 liters wine is recovered from a bush near joint house of the petitioners. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Aurai P.S. Case No. 306 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T