Ranjit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47991 of 2022 Arising Out of PS. Case No.-496 Year-2021 Thana- MADHAURAH District- Saran ====================================================== 1.

RANJIT RAI Son of Jagarnath Rai @ Jagarnath Prasad Resident of Village - Jagan Chapra, P.S. - Marhourah, District - Saran. 2.

Vikash Rai Son of Jagarnath Rai @ Jagarnath Prasad Resident of Village - Jagan Chapra, P.S. - Marhourah, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Srivastva For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioners is directed to remove the defects within four weeks.

Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 467, 468, 471, 420, 120B of Indian Penal Code and 30, 30(c) of the Bihar Prohibition and Excise Act, 2016.

Altogether 875 litres of illicit spirit is said to have been recovered from a truck. The allegation against the petitioners is that they alongwith other accused persons are involved in the business of illicit liquor.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.47991 of 2022(2) dt.04-11-2022 2/3 petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of their enemies. Petitioners have neither been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor. The petitioners are neither the owner nor staff of the truck in question. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioners are agreed to deposit a sum of Rs.30,000.00/- (Rupees Thirty Thousand) each in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court,

Patna High Court CR. MISC. No.47991 of 2022(2) dt.04-11-2022 3/3 in connection with Marhourah P.S. Case No.496 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions. (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.30,000.00/- (Rupees Thirty Thousand) each in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) shikha/- U T