Lakhraj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30913 of 2020 Arising Out of PS. Case No.-164 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

LAKHRAJ RAI, Son of Late Sheo Narayan Rai, Residence of - Dharphari @ Dharkadi, P.S.- Dewariya, District - Mujaffarpur. 2.

Sudhan Rai, Son of late Sipahi Rai, Residence of village - Hajari Madhopur, P.S.- Sahebganj, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-01-2021 Learned counsel for the petitioners is permitted to make necessary correction in the name of petitioner no.2 and its parentage etc. and also in the prayer portion of the petition during the course of the day.

Accordingly, NIC/office is directed to make necessary correction in the name of petitioner no.2 and its parentage etc. Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Baikunthpur P.S. Case No. 164 of 2020 for the offence under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2016. In the instant case total 105 litres of liquor was seized. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.30913 of 2020(2) dt.20-01-2021 2/2 petitioners have got no criminal antecedent. He further submits that petitioners have no concern either with the trade of liquor or with the seized liquor. The petitioners are in custody since 15.06.2020.

Considering the fact that the petitioners have got no criminal antecedent, the petitioners named above, are directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, Gopalganj in connection with Baikunthpur P.S. Case No. 164 of 2020 with the condition that the petitioners will deposit Rs.50,000/- (Fifty thousand) cash (each) in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioners are acquitted the amount of Rs.50,000/- shall be refunded in favour of the petitioners, otherwise it shall be forfeited.

(Anil Kumar Upadhyay, J) uday/- U T