Bachcha Rai @ Bachcha Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19397 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Chandan Kumar @ Chandan Kumar Ray @ Chandan Kumar Yadav S/O Ramjanam Ray R/O Village- Kataru Fatehpur, P.S.- Chakmaruf, DistrictVaishali ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 30354 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Bachcha Rai @ Bachcha Babu Son Of Bhutan Rai @ Butan Rai @ Asarfi Rai Resident Of Village - Belsar, P.S.- Vaishali, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 19397 of 2022) For the Petitioner/s :

Mr. Namrata Mishra, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 30354 of 2022) For the Petitioner/s :

Mrs. Bela Singh, APP For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272, 273 and 414 of the Indian Penal Code and Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise

Patna High Court CR. MISC. No.19397 of 2022(3) dt.17-10-2022 2/2 Act, 2018.

It is a case of recovery of illicit liquor from a truck. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that they have no concern with the seized liquor and the truck and no incriminating article has been recovered from the conscious or constructive possession of the petitioners and petitioners have not been apprehended at the spot. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, Vaishali at Hajipur in connection with Vaishali (Belsar OP) P.S. Case No. 366 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T