Lal Kishun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47601 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- DORIGANJ District- Saran ====================================================== 1.

LAL KISHUN RAI SON OF INER RAI R/O VILLAGE- PURVI BALUA, P.S.- DORIGANJ, DISTRICT- SARAN AT CHAPRA 2.

BAJRANGI RAI SON OF LATE CHANDRIKA RAI R/O VILLAGEPURVI BALUA, P.S.- DORIGANJ, DISTRICT- SARAN AT CHAPRA 3.

MOHAN RAI SON OF LATE SHAMBHU RAI R/O VILLAGE- PURVI BALUA, P.S.- DORIGANJ, DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

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

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Doriganj P.S. Case no. 59 of 2022 instituted for the offence under Sections 30(a), 32(2)(3) and 38 of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 200 litres of country made mahuwa wine and huge quantity of raw material for preparing liquor were recovered from a Bolero Pick-up Van and two accused persons were apprehended on spot and several

Patna High Court CR. MISC. No.47601 of 2022(2) dt.11-11-2022 2/3 managed to escape.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioners have no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been surfaced in this case on the Basis of Doriganj P.S. Case No. 60 of 2022. Neither the petitioners were arrested nor any incriminating article has been recovered from their possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Doriganj P.S. Case no. 59 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 2nd-cum-1st Exclusive Special Judge, Excise, Saran at Chapra subject to the conditions as laid

Patna High Court CR. MISC. No.47601 of 2022(2) dt.11-11-2022 3/3 down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U