Sameer Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75241 of 2018 Arising Out of PS. Case No.-480 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ======================================================

1. Sameer Kumar S/o Naval Kishor Rai

2. Ajay Rai @ Ajay Kumar S/o Ram Padarath Rai Both Resident of Village-Maksudpur,P.S. Meenapur,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Runnisaidpur P. S. Case No. 480 of 2018 registered for the offences punishable under Sections 30, 30 (g), 38 (i) (ii) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioners submitted that in the present case the Police seized about 76 liters of foreign liquor from the car standing on the national highway. These petitioners were not in the said car but later on on a vague description the name of these petitioners have been brought in connection with this case.

In paragraph 8 of this petition the petitioners have

Patna High Court Cr.Misc. No.75241 of 2018(2) dt.21-12-2018 2/2 made specific statement that they have no concern with the alleged foreign liquor or with the alleged vehicle. No one appears on behalf of the State to oppose this application for anticipatory bail.

In the given facts and circumstances of this case where it is the submission of the petitioners that they have no concern with the alleged vehicle, in case of their arrest or surrender, the petitioners above named shall be enlarged on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum- Special Judge, Excise, Sitamarhi in connection with Runnisaidpur P. S. Case No. 480 of 2018, subject to the condition that the petitioners shall join the investigation by reporting to the Investigating officer within a period of three weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for cancellation of his bail bond. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) avin/- U T