Saheb Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24445 of 2022 Arising Out of PS. Case No.-660 Year-2021 Thana- MADHAURAH District- Saran ====================================================== 1.

SAHEB RAI S/o Lakhman Rai Resident of Village- Bhubalpur, P.S.- Marhowarh, District- Saran 2.

Akhilesh Rai Son of Lackhman Rai Resident of Village- Bhubalpur, P.S.- Marhowarh, District- Saran 3.

Girish Rai S/o Lackhman Rai Resident of Village- Bhubalpur, P.S.- Marhowarh, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 35 litre of spirit from the semi-constructed house of Akhilesh Singh.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.24445 of 2022(2) dt.08-08-2022 2/2 recovered from his conscious possession and he came to be implicated only with a view to save the real culprits, it is further submitted that semi-constructed house is a place which is accessible to public at large as the owners were not staying there.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Marhowrah P.S. Case No. 660 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T