Mahendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11311 of 2021 Arising Out of PS. Case No.-476 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== 1.

MAHENDRA RAI Son of Ramprit Rai 2.

Nepal Rai Son of Late Deo Nath Rai All Resident of Village- Shaligram Singh Kab Tola, Police StationBarahara, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-12-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(A)of Bihar Prohibition and Excise Act.

Recovery of liquor is alleged from the river side. Submission is that the petitioners were not there at the time of recovery. They have got no criminal antecedent. Only suspicion is there.

Considering lack of direct material against the petitioners to support commission of act alleged, let the petitioners, above named, in the event of their arrest or

Patna High Court CR. MISC. No.11311 of 2021(3) dt.01-12-2021 2/2 surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No.1639 of 2020 arising out of Barhara P.S.Case No.476 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Nitesh/- U T