Harendra Rai @ Ranjit Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40710 of 2023 Arising Out of PS. Case No.-169 Year-2019 Thana- SALIMPUR District- Patna ====================================================== 1.

HARENDRA RAI @ RANJIT KUMAR RAI S/O BISHESHWAR RAI R/O VILLAGE- JAFRABAD, PS. RAGHOPUR, DIST. VAISHALI 2.

SIYARAM RAY @ SINGESAR RAY S/O VISHNU RAY R/O VILLAGEMADAHA, PS. RAGHOPUR, DIST.VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 32(1)(2)(3) and 41(1) of the Bihar Excise Act. Learned counsel for the petitioners submits that the petitioners have antecedent of one case and allegation is of recovery of 5358 liters of liquor from a truck. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and they came to be implicated based on suspicion because of their antecedents, it

Patna High Court CR. MISC. No.40710 of 2023(2) dt.03-07-2023 2/2 is next submitted that even the alleged recovery is from a place which does not belong to the petitioners and petitioners are not the owner of the seized vehicles.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Salimpur P.S. Case No. 169 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T