Rajendra Bin, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26139 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

Rajendra Bin, Son of Late Butilal Bin, Resident of village- Adampur, Police Station- Raghunathpur, District- Siwan.

2.

Chhoti Bin @ Chhotelal Prasad, Son of Rajendra Bin, Resident of villageAdampur, Police Station- Raghunathpur, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Raghunathpur P.S. Case No. 16 of 2019 registered under Section 30(a)(c)(d)/34/36/38(a) and 41(1) of the Bihar Excise Act.

The accusation is of recovery of 45 litres country made liquor from the filed which is said to be kept by the petitioner.

Learned counsel for the petitioners submits that petitioners were not apprehended at the spot, from where, the alleged 45 litres country made liqor is said to be recovered and

Patna High Court CR. MISC. No.26139 of 2019(2) dt.23-04-2019 2/2 the aforesaid filed is not belonging to the petitioner. Further submission is that, in fact, petitioner is made accused in one another case, i.e., Raghunathpur P.S. Case No. 60 of 2018 in similar nature of the case due to that reason, petitioner has falsely been implicated in the present case.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan, in connection with Raghunathpur P.S. Case No. 16 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T