Arjun Rai @ Arjun Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40989 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

ARJUN RAI @ ARJUN RAY S/O LATE SINGHWESHWAR RAI @ LATE SINGHWESHAR RAI @ LATE SINGHWASHWAR RAI R/O VILLAGEBIRPUR, WARD NO.2 @ VIRPUR, WARD NO.2, P.S-SURSAND, DISTRICT-SITAMARHI.

2.

ABHISHEK SADA @ ABISEK SADA @ ABHISHEIKH SADA S/O SHIV SHANKAR SADA R/O VILLAGE-BIRPUR WARD NO.1 @ VIRPUR, WARD NO.1, P.S.-SURSAND, DISTRICT-SITAMARHI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with G.O. Case No. 87/2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 129 liters of illicit liquor from the petitioners while

Patna High Court CR. MISC. No.40989 of 2021(2) dt.03-01-2022 2/3 they were apprehended on the border by the SSB personnel.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having clean antecedent and they are languishing in custody since 18.5.2021.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials as available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ II

Patna High Court CR. MISC. No.40989 of 2021(2) dt.03-01-2022 3/3 cum Special Judge Excise Act, Sitamarhi in connection with G.O. Case No. 87/2021.

(Mohit Kumar Shah, J) Ajay/- U T