Dharm Nath Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51174 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- KESARIA District- East Champaran ====================================================== 1.
Dharm Nath Ray S/O Jagdish Ray R/O Village- Kadan, Ps. Kesariya Dist. East Champaran 2.
Brajesh Ray S/O Jagdish Ray R/O Village- Kadan, Ps. Kesariya Dist. East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Kesariya P.S. Case No. 280 of 2023 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 77.760 litres of liquor from a sugarcane field of one Motilal Rai.
4. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.51174 of 2023(2) dt.07-08-2023 2/2 was recovered from their conscious possession and they came to be implicated at the instance of Chowkidar and villagers, it is further submitted that the petitioners are not the owners of the sugarcane field.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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. 1,000/- (Rupees One 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 in connection with Kesariya P.S. Case No. 280 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T