Vikram Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43452 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== 1.
Vikram Rai S/O Surendra Rai R/O Village- Kataru (MATIHANI), Ps. Paroo, Dist. Muzaffarpur 2.
Mukesh Sahni S/O Topar Sahni R/O Village- Chhap, Ps. Paroo, Dist. Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar For the Opposite Party/s :
Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 143.385 liters of foreign liquor is said to have recovered from the mango garden of Devendra Rai. He submits that on the basis of the secret information the petitioners have been made accused in the present case. He submits that there is no recovery made from the
Patna High Court CR. MISC. No.43452 of 2023(2) dt.18-08-2023 2/3 conscious possession of the petitioners. He further submits that petitioner 1 has got one criminal antecedent in similar nature and petitioner no.2 has got two criminal antecedents out of which one is of similar nature as stated in para-3 of the bail application.
4. Petitioners are agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
5. Considering the facts and circumstance of the case, let the above named petitioners, 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 the learned court below where the case is pending/successor court in connection with Paroo P.S. Case No. 178 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
Patna High Court CR. MISC. No.43452 of 2023(2) dt.18-08-2023 3/3 (ii) The petitioners will not indulge himself in any similar offence till conclusion of the trial.
6. The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) ajay/- U T