Pawan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32688 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- AURAI District- Muzaffarpur ====================================================== 1.

Pawan Rai, S/o Shankar Rai @ Shiv Shankar Rai, Resident of Village- Ram Nagar, P.S.- Aurai, District- Muzaffarpur.

2.

Vikash Rai, S/o Shatrughan Rai, Resident of Village- Ram Nagar, P.S.- Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Karn, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-05-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Aurai P.S. Case No.31 of 2019 for allegedly having committed the offence under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the alleged recoveries were not from the conscious possession of the petitioners. It is further submitted that the petitioners have been named by the co-accused from whose possession the recoveries were made.

Patna High Court CR. MISC. No.32688 of 2019(2) dt.23-05-2019 2/2 Considering the fact that the alleged recoveries were not from the conscious possession of the petitioners and also that the petitioners have no criminal antecedents, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on 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 Judge, Excise Act, Muzaffarpur, in connection with Aurai P.S. Case No.31 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T