Sujit Rai @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48846 of 2021 Arising Out of PS. Case No.-134 Year-2021 Thana- BHELDI District- Saran ====================================================== 1.

Sujit Rai @ Sujit Kumar S/o Wakil Rai R/o village- Takeya, P.S.- Bheldi, Distt.- Saran (Chapra).

2.

Sudhir Kumar @ Golu S/o Dheman Rai R/o village- Takeya, P.S.- Bheldi, Distt.- Saran (Chapra).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in Bheldi P.S. Case No.134 of 2021, registered for the offences punishable under Sections 30(a)/36/38/41(i) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.48846 of 2021(2) dt.04-02-2022 2/3 petitioners are innocent and have falsely been implicated in the present case. There is no recovery from the conscious possession of the petitioners rather 45 litres of illicit liquor has been recovered from a palani situated behind the house of the petitioners. The petitioners have got no criminal antecedent as stated in para 3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Petitioners are ready to deposit a sum of Rs.20,000/- (rupees twenty thousand) each in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code153, IFSC Code-SBIN0000153. In the facts and circumstances of the case, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Saran (Chapra) in connection with Bheldi P.S. Case No.134 of 2021, subject to the conditions:

Patna High Court CR. MISC. No.48846 of 2021(2) dt.04-02-2022 3/3

(1) Laid down under Section 438(2) of the Cr.P.C.

(2) One of the bailors would be close relative of the petitioners having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioners.

(3) If the petitioners indulge in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of their bail bonds.

(4) The bail bonds of the petitioners shall be accepted by learned court below on showing receipt of deposit of Rs.20,000/- (rupees twenty thousand) each in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

(Anjani Kumar Sharan, J.) Sanjay/- U T