Patna High CourtCR. MISC./22709/2017bail granted

Binay Rai @ Bilat Rai And ORS v. The State Of Bihar

2017-08-10Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22709 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -DERNI District- SARAN ======================================================

1. Binay Rai @ Bilat Rai, Son of Late Shiv Prasad Rai.

2. Birendra Rai, Son of Late Shiv Prasad Rai.

3. Chabila Rai, Son of Late Shiv Prasad Rai.

4. Mukesh Rai @ Mukesh Kumar, son of Binay Rai @ Bilat Rai,

5. Abhijeet Kumar, Son of Binay Rai @ Bilat Rai. All are Residents of Village- Pojhi, P.S. Derni, District- Saran. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nalin Kumar, Adv. For the Opposite Party/s : Mr. Sri Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-08-2017 Heard Sri Nalin Kumar, learned counsel for the petitioners and Sri Ram Anurag Singh, learned Addl. Public Prosecutor.

Five petitioners, apprehending their arrest in Derni P.S. Case No.137/2016 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail, in the event of their arrest or surrender.

By way of referring to F.I.R., learned counsel for the petitioners submits that petitioners have been made accused on accusation of recovery of 25 liters spirit outside

Patna High Court Cr.Misc. No.22709 of 2017 (4) dt.10-08-2017 2/2 the house of the petitioner and only thereafter they have been made accused.

Considering the nature of accusation, let the aforesaid five petitioners, namely, (i) Binay Rai @ Bilat Rai (ii) Birendra Rai (iii) Chabila Rai (iv) Mukesh Rai @ Mukesh Kumar and (v) Abhijeet Kumar , in the event of their arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VII, Saran at Chapra in connection with Derni P.S. Case No.137/2016 , subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T