Ram Chandra Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56447 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ram Chandra Rai S/o Late Shital Rai,

2. Arvind Kumar S/o Ram Chandra rai,

3. Ranvir Kumar S/o-Do All of Village- Balbhadrpur, P.S.-Rajepur, Dist.- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar, Adv. For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Rajepur P.S. Case No. 123 of 2017 instituted for the offence under Sections-414, 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

It is submitted that 72 liters of foreign liquor has been recovered from the paddy field which is said to be of this petitioner. Nothing has been recovered from the house of the petitioner or from his conscious possession. Seizure list does not bear the signature either of the petitioner or of his family members.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.56447 of 2017 (2) dt.29-11-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Rajepur P.S. Case No. 123 of 2017 to the satisfaction of learned 7th Additional Sessions Judgecum-Special Judge, Excise, Motihari, East Champaran subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if 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.

(Sanjay Priya, J) sushma/- U T