Patna High CourtCR. MISC./35807/2023bail granted

Jitendra Rai @ Jitendra Kumar v. The State Of Bihar

2023-07-21Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35807 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

Jitendra Rai @ Jitendra Kumar, aged about 24 years, male, S/o Suresh Rai, R/o Village- Rajapakar Dakshini, P.S- Rajapakar, Distt.- Vaishali. 2.

Mantu Rai @ Mantu Kumar, aged about 32 years, male, S/o Shiv Shankar Rai, R/o Village- Rajapakar Dakshini, P.S- Rajapakar, Distt.- Vaishali. ... ... Petitioners

Versus

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

For the Petitioners :

Mrs. Rupa Kumari, Advocte For the Opposite Party :

Mrs. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Rajapakar P.S. Case No. 113 of 2023 dated 29.03.2023, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act (Amended), 2022.

3. Allegation is of recovery of two plastic bags containing 20-20 liter countrymade liquor from a bamboo orchard of Jaynandan Singh.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. They have no concern with the alleged liquor. It is

Patna High Court CR. MISC. No.35807 of 2023(2) dt.21-07-2023 2/2 further submitted that 40 liter countrymade liquor was kept in the bamboo orchard of Jainandan Singh and the petitioners have no concern with bamboo orchard nor with Jainandan Singh. Lastly, it has been submitted that they have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection with Rajapakar P.S. Case No. 113 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Court no.-2nd cum Addl. District & Session, Vaishali at Hajipur, subject to condition as laid down under Section 438(2) of the Criminal Procedure Code.

(Khatim Reza, J) Gaurav Kumar/- U