Chandewhwar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37051 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== 1.
CHANDEWHWAR RAI S/o Basudev Rai Resident of village-Bikrampur, Police Station-Tajpur, District-Samastipur 2.
RAJ KESHWAR RAI S/o Basudev Rai Resident of village-Bikrampur, Police Station-Tajpur, District-Samastipur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindeswari Singh, Advocate For the Opposite Party/s :
Mr. Nityanand, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a)(c) of the Bihar Excise Act.
3. The defect no. 1 as pointed out by the Office is ignored, the learned counsel submits that defect no. 2 shall be removed within the course of the day.
4. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 5 liters of liquor from the house
Patna High Court CR. MISC. No.37051 of 2023(2) dt.13-07-2023 2/3 of petitioner no. 1.
5. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that they came to be implicated based on secret information which is the easiest way to implicate someone, it is further submitted that even alleged recovery is from a house which is a joint family property, as such, it cannot be alleged with certainty that it were the petitioners who had kept the liquor in the house or the liquor kept in the house was within their knowledge, when admittedly petitioners are persons with clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.37051 of 2023(2) dt.13-07-2023 3/3 trial court where the case is pending/successor court in connection with Tajpur (Halai O.P.) P.S. Case No. 09 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T