Patna High CourtCR. MISC./35081/2022disposed

Sipahi Ray v. The State Of Bihar

2022-09-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35081 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Sipahi Ray Son Of Late Saryug Ray R/O Village - Diwantok, P.S. - Ganga Brij, District - Vaishali, Bihar 2.

Harnandan Ray Son of Rajendra Ray R/o Village - Maruganj, Patthar Ghat, Patna, Bihar ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Prakash Chandra, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2022 After some arguments learned counsel for the petitioners seeks permission to withdraw pre-arrest bail petition of petitioner no.1.

Petition for pre-arrest bail of petitioner no.1 is dismissed as withdrawn with direction to surrender and seek regular bail which would be disposed of on its own merit without prejudice.

Petitioner no.2 apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act and sections 272 and 273 of the IPC. Prosecution case is that 530 liters country made liquor was recovered from the bhatti of petitioner no.2. Learned counsel appearing for the petitioner no. 2 submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner no. 2

Patna High Court CR. MISC. No.35081 of 2022(3) dt.23-09-2022 2/2 and he is no way connected with the aforesaid recovery as the recovery of illicit liquor has been made from Sukumarpur Diara area. He has got no criminal antecedent.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner no.2, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge cum Special Judge, Excise II, Vaishali at Hajipur in Raghopur Police Station Case No. 71 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T