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Patna High CourtCR. MISC./8389/2021allowed

Raju Nut v. The State Of Bihar

2022-01-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8389 of 2021 Arising Out of PS. Case No.-829 Year-2020 Thana- MADHAURAH District- Saran ====================================================== 1.

RAJU NUT S/o Saral Nut Resident of Village- Mirjapur, P.S.- Marhowra, Distt- Saran at Chapara.

2.

DEWANTI DEVI W/o Raju Nut Resident of Village- Mirjapur, P.S.- Marhowra, Distt- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kumari For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-01-2022 Heard both sides.

Petitioners apprehend their arrest in Marhowrah P.S. Case No.829 of 2020 registered under Sections 147, 341, 337, 353 and 504 of the Indian Penal Code and Sections 30,30(a) and 45 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners have committed no offence and have falsely been implicated in this case merely on the basis of suspicion. It is further submitted that there is no specific allegation against the petitioners and the alleged recovery of liquor was made from the bank of the road.

Having considered the above facts and circumstances

Patna High Court CR. MISC. No.8389 of 2021(2) dt.20-01-2022 2/2 of the case, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/-(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran at Chapra in connection with Marhowrah P.S.

Case No.829 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Harish/- (Arvind Srivastava, J) U T