Ramnath Rai @ Ramnath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40876 of 2022 Arising Out of PS. Case No.-134 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== 1.

Ramnath Rai @ Ramnath Ray Son of Late Shobhit Rai Resident of Village - Ghagha Gali, P.s.- Chowk, Distt.- Patna.

2.

Sonu Kumar Son of Late Vijay Prasad Resident of Village - Machharhatta Gali, Rental of Neeraj Kumar , P.s.- Khajekalan, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Khajekalan P.S. Case No. 134 of 2022 lodged under Section 30(a) of the Bihar Excise Prohibition and Excise (Amendment) Act, 2018.

As per the prosecution case, total recovery of 200 litres of desi wine is alleged to be made in the field and 40 litres each has been recovered from the possession of the petitioners. Learned counsel for the petitioners submit that

Patna High Court CR. MISC. No.40876 of 2022(2) dt.29-08-2022 2/3 petitioners are innocent and have committed no offence with a deep-rooted conspiracy his name has figured in this case. Counsel further submits that petitioners are in custody since 10.05.2022, charge sheet has already been filed and their antecedents are clean.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City in connection with Khajekalan P.S. Case No. 134 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioners shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the

Patna High Court CR. MISC. No.40876 of 2022(2) dt.29-08-2022 3/3 petitioners.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T