Vinod Kumar Rai @ Binod Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19041 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- MAHESI District- East Champaran ====================================================== 1.

VINOD KUMAR RAI @ BINOD KUMAR RAI S/o Yamuna Rai R/o village- Rajua Bakhri, P.S.- Mehsi, District- East Champaran 2.

Lakhan Sah S/o Lal Babu Sah R/o village- Kasba Mehsi, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 32 and 41(i) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 3.85 litre of liquor from a container truck. Learned counsel for the petitioners submits that petitioners were not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioners were neither the owner nor the driver of the

Patna High Court CR. MISC. No.19041 of 2022(2) dt.29-07-2022 2/2 truck and they came to be implicated based on secret information.

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

Considering the submissions made by the learned counsel for the petitioners and the fact that petitioners are persons with clean antecedent, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Mehsi P.S. Case No. 258 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T