Birendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24649 of 2020 Arising Out of PS. Case No.-139 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

BIRENDRA KUMAR RAI S/o Mahesh Rai Resident of Village-Susta, P.S.- Sadar, District-Muzaffarpur.

2.

Chhote Paswan S/o Binod Paswan Resident of Village-Susta, P.S.-Sadar, District-Muzaffarpur.

3.

Shambhu Rai S/o Ram Babu Rai Resident of Village-Kachi Paki, P.S.-Sadar, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Sadar P.S. Case No. 139 of 2020, registered for the offence punishable under Section 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. 741.055 litres of foreign liquor is said to have been recovered from a Maruti Car standing by the side of a Pokhar.

Patna High Court CR. MISC. No.24649 of 2020(3) dt.05-11-2020 2/2 It is submitted that petitioners have falsely been implicated in this case. Petitioners were named on the secret information. Nothing has been recovered from conscious possession of these petitioners. Petitioners are neither the owner nor the driver of vehicle in question. Petitioners have got no concern with the recovered liquor. Petitioners have got clean antecedent as stated in para 3 of the bail petition. Considering the facts aforesaid, the petitioners abovenamed in the event of their arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Sadar P.S. Case No. 139 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T