Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40518 of 2021 Arising Out of PS. Case No.-75 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Sanjay Rai Son of Jang Bahadur Rai Resident of Village- Banaul, P.S.- Nanpur, District- Sitamarhi.

2.

Jang Bahadur Rai Son of Late Siya Lal Rai Resident of Village- Banaul, P.S.- Nanpur, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sharma For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Nanpur P.S. Case No. 75 of 2021, registered for the offence punishable punishable under Sections 30, 30(a), 38(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

115 litres of foreign liquor has been recovered from the house of petitioners It is submitted that no recovery has been made from conscious possession of petitioners. Petitioners have got no concern with the seize liquor Petitioners are in custody since 18.03.2021 having no criminal antecedent, as stated in para 3 of

Patna High Court CR. MISC. No.40518 of 2021(2) dt.08-10-2021 2/2 the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioners bear clean antecedent, the petitioners above-named, 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 Additional District & Sessions Judge II-cum-Special Judge (Excise), Sitamarhi in connection with Nanpur P.S. Case No. 75 of 2021, subject to following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below. (ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T