Birendra Rai @ Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53628 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

BIRENDRA RAI @ BIRENDRA KUMAR Son of Suresh Rai Resident of Village - Bharatnagar, P.s.- Gaighat, Distt.- Muzaffarpur. 2.

Raju Rai @ Raju Kumar Son of Ranjeet Ray Resident of Village - Bharatnagar, P.s.- Gaighat, Distt.- Muzaffarpur. 3.

Satendra Rai @ Satyendra Kumar Son of Suresh Rai Resident of Village - Bharatnagar, P.s.- Gaighat, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhusudan Kumar, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-04-2022 Heard both sides.

Petitioners apprehend their arrest in Gaighat P.S. Case No.131 of 2021 registered under Sections 272, 273, 414 and 34 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners have committed no offence and have falsely been implicated in this case. It is further submitted that nothing has been recovered from possession of the petitioners. The alleged recovery has been made from in front of the house of Bashist Rai situated at Trimuhan old road. The petitioners have got no

Patna High Court CR. MISC. No.53628 of 2021(2) dt.11-04-2022 2/2 criminal antecedent.

Having considered the above facts and circumstances of the case, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing personal bonds to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Gaighat P.S. Case No.131 of 2021 (G.R.No.650 of 2021), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Harish/- (Arvind Srivastava, J) U T