Rajan Rajbanshi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12317 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -GOVINDPUR District- NAWADA ======================================================

1. Rajan Rajbanshi son of Late Ram Bilas Rajbanshi

2. Sandeep Rajbanshi, son of Late RamBilas Rajbanshi, both are resident of village Dihpar, P.S. Govindpur in the district of Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners seek anticipatory bail in connection with Govindpur PS case no. 131 of 2017 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 300 liters of illicit liquor kept in Aluminum jar.

The learned counsel for the petitioners submits that neither any recovery has been effected from the conscious possession of the petitioners nor the place from where the alleged recovery has been made belongs to the petitioner. Considering the nature of accusation levelled against the petitioners herein as also the fact that prima facie no case is

Patna High Court Cr.Misc. No.12317 of 2018 (2) dt.28-02-2018 2/2 made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -II cum Special Judge, Nawada in connection with Govindpur PS case no. 131 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T