Balinder Kumar @ Balinder Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22513 of 2022 Arising Out of PS. Case No.-722 Year-2021 Thana- SONEPUR District- Saran ====================================================== Balinder Kumar @ Balinder Kumar Ray S/O Lakshman Ray Resident Of Village- Rahimpur, P.S. And P.O.- Sonepur, District- Saran (Chapra). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27008 of 2022 Arising Out of PS. Case No.-722 Year-2021 Thana- SONEPUR District- Saran ====================================================== Jitendra Kumar @ Jitesh Ray Son Of Budhan Ray R/O Village- Rahimpur, P.S. And P.O.- Sonepur, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 22513 of 2022) For the Petitioner/s :

Mr. Saket Anand, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP (In CRIMINAL MISCELLANEOUS No. 27008 of 2022) For the Petitioner/s :

Mr. Saket Anand, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 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 Sections 30(a) and 41(ii) of the Bihar Prohibition and Excise Act, 2016. It is a case of recovery of illicit liquor from the bushes at Diyara area.

Patna High Court CR. MISC. No.22513 of 2022(2) dt.17-10-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that they have no concern with the seized liquor and no incriminating article has been recovered from the conscious or constructive possession of the petitioners and petitioners have not been apprehended at the spot. He further submits that similarly situated co-accused persons have already been granted anticipatory by this Court passed in Cr. Misc. No. 18617 of 2022. Learned APP appearing for the State has opposed the prayer for 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 2nd Exclusive Special Judge, Excise Act, Saran (Chapra) in connection with Sonepur P.S. Case No. 722 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