Chandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22047 of 2022 Arising Out of PS. Case No.-336 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== 1.

CHANDAN RAI Son of Kishori Rai @ Kishori Ray Resident of Mohalla - Nandpuri, Bhagwanpur, P.S.- Sadar, District - Muzaffarpur. 2.

Prakash Kumar Son of Manoj Kumar Singh Resident of Village - Birrpur Saraiya, P.S. - Saraiya, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

It is a case of recovery of foreign made wine from open field.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that no incriminating wine was recovered from the conscious possession of the petitioners and petitioners have not been apprehended at the spot and the open field is not

Patna High Court CR. MISC. No.22047 of 2022(2) dt.26-08-2022 2/2 belongs to the petitioners.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four 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 learned Special Judge (Excise), Court No.II, Muzaffarpur in connection with Excise Case No. 336 of 2021, P.R. No.06 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T