Patna High CourtCR. MISC./37444/2024bail granted

Bimal Rai @ Vimal Rai v. The State Of Bihar

2024-06-26Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37444 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- NAYAGAON District- Saran ====================================================== 1.

Bimal Rai @ Vimal Rai, Gender, Male, aged about 36 years, 2.

Jamadar Rai, Gender, Male, aged about 32 years, Both Son of Mahesh Rai, Both Resident of - Bariyar Chak, P.S.- Nayagyon, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Basant Kumar Singh, Advocate Mr. Vishesh Kumar Singh, Advocate For the State :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Basant Kumar Singh along with Vishesh Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Satyendra Prasad, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Nayagaon P.S. Case No. 43 of 2024 registered for the offence(s) punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 180 litres of country made liquor was recovered from Chhitupakar Diara.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and they have been falsely implicated in this case due to village politics. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.37444 of 2024(2) dt.26-06-2024 2/2 petitioners and they have no concern with the alleged recovered liquor. Petitioners have clean antecedents.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioners, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Nayagaon P.S. Case No. 43 of 2024 dated 09.03.2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- Saurabh/- U T