Nankesh Rai @ Nand Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34786 of 2021 Arising Out of PS. Case No.-482 Year-2018 Thana- BIHTA District- Patna ====================================================== 1.

NANKESH RAI @ NAND KISHORE RAI S/O Ram Baran Rai @ Baran Rai Resident of Pathlotiya Tola, P.S. Bihta, District - Patna. 2.

Ganesh Rai S/o Ram Baran Rai @ Barai Rai Resident of Pathlotiya Tola, P.S. Bihta, District - Patna.

3.

Lal Babu Rai S/O Deomuni Rai Resident of Pathlotiya Tola, P.S. Bihta, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in a case registered for the offence under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 600 liters wine is recovered.

Patna High Court CR. MISC. No.34786 of 2021(2) dt.17-09-2021 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. It is alleged that 600 liters wine is recovered from the bank of the river. The names of the petitioners have transpired in this case on the basis of disclosure made by coaccused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Special Judge, Excise, Patna in connection with Bihta P.S. Case No. 482 of 2018 (Special Case No. 4360 of 2018), subject to the conditions

Patna High Court CR. MISC. No.34786 of 2021(2) dt.17-09-2021 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T