Gorakh Ray @ Sohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28797 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- NADI P.S. District- Patna ====================================================== GORAKH RAY @ SOHAN KUMAR Son of Jagdish Ray @ Jagdish Singh R/O Village - Fatehganjpur, P.S.- Nadi, District - Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29890 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- NADI P.S. District- Patna ====================================================== SANJIT RAY @ SANJIV KUMAR Son of Jagdish Ray @ Jagdish Singh Resident of Village - Fatehganjpur, P.s.- Nadi, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 28797 of 2022) For the Petitioner/s :
Mr.Kritu Verma For the Opposite Party/s :
Mr.Rita Verma (In CRIMINAL MISCELLANEOUS No. 29890 of 2022) For the Petitioner/s :
Mr.Kritu Verma For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
49.20 litres of foreign liquor has been recovered from
Patna High Court CR. MISC. No.28797 of 2022(2) dt.02-09-2022 2/3 the backside of the petitioners' house.
Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail applications. It is submitted that there is no recovery from the conscious possession of the petitioner. It is also submitted that nearby people disclosed the names of the petitioners. Petitioners are agree to deposit a sum of Rs. 10,000/- (rupees ten thousand) each in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Taking into consideration the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City in connection with Nadi P.S. Case No.72 of 2022, subject to the conditions laid down under
Patna High Court CR. MISC. No.28797 of 2022(2) dt.02-09-2022 3/3 Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that:
(i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wives. (ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) Sanjay/- U T