Shailendra Kumar Rai @ Shailendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42415 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- SONEPUR District- Saran ====================================================== 1.

Shailendra Kumar Rai @ Shailendra Rai S/O Amir Lal Rai Resident Of Village- Babuarban, P.S.- Sonpur District- Saran At Chapra. 2.

Minta Devi W/O Shailendra Kumar Rai Resident Of Village- Babuarban, P.S.- Sonpur District- Saran At Chapra.

3.

Chandu Devi W/O Nokhi Rai Resident Of Village- Babuarban, P.S.- Sonpur District- Saran At Chapra.

4.

Angad Kumar S/O Umesh Rai Resident Of Village- Dolai, P.S.- Amnour District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 467, 465, 471, 420, 272, 273, 414 and 120(B) of the Indian Penal Code and Sections 30(a), 34, 36, 38 and 40 of the Bihar Prohibition and Excise Act.

It is a case of recovery of only five liters of illicit liquor as well as other items.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.42415 of 2022(2) dt.02-11-2022 2/2 that the petitioners have falsely been implicated in this case. He further submits that they have no concern with the seized liquor and no incriminating article has been recovered from the conscious possession of the petitioners and petitioners have not been apprehended at the spot.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions as well as the fact that meagre quantity of liquor has been recovered, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ-X-cum-Special Judge, Excise Saran at Chapra in connection with Sonpur P.S. Case No. 213 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T