Sant Lal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44749 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

Sant Lal Ray Son of Late Ram Pragash Ray @ Ram Prakash Ray Resident of Village - Sadapur, P.S.- Mahua, Distt- Vaishali. 2.

Rajesh Kumar Son of Sant Lal Ray Resident of Village - Sadapur, P.S.- Mahua, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Mahua P.S. Case No. 169 of 2019, registered for the offence punishable under Section 30 (A) of the Excise Prohibition Act.

The police has recovered 171 liters of foreign liquor from the Bathan of the petitioners, however, counsel for the petitioners submits that the petitioner no.1 is aged about 72 years and has no concerned at all with the alleged recovery. Considering the aforesaid facts and circumstances of the case, let the petitioner no.1, above-named, be released on

Patna High Court CR. MISC. No.44749 of 2019(2) dt.22-07-2019 2/2 anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Mahua P. S. Case No.169 of 2019 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. So far as the prayer for bail of petitioner no.2 is concerned, the same is rejected.

However, if the petitioner no. 2 surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.

(Shivaji Pandey, J) V.K.Pandey/- U T