Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49997 of 2022 Arising Out of PS. Case No.-117 Year-2022 Thana- NIRMALI District- Supaul ====================================================== 1.

RAVINDRA KUMAR Son of Vijay Singh R/o village - Dighiya, Ward No.- 4, P.S.- Nirmali, District - Supaul 2.

Mithilesh Kumar Son of Ashok Ray @ Ashok Kumar Ray R/o village - Dighiya, Ward No.- 4, P.S.- Nirmali, District - Supaul 3.

Vijay Ray @ Vijay Kumar Son of Suresh Ray R/o village - Dighiya, Ward No.- 4, P.S.- Nirmali, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2022 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 Nirmali P.S. Case no. 117 of 2022 instituted for the offence under Sections 384, 341, 323 and 34 of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 300 ml illegal liquor from a hut.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.49997 of 2022(2) dt.12-10-2022 2/2 no offence. They have got no criminal antecedent. Petitioners have no concern with the alleged recovery or with the place of occurrence. 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 Nirmali P.S. Case no. 117 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 Special Judge Excise, Court No. 2, Supaul subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U