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Patna High CourtCR. MISC./62298/2021allowed

Bijendra Ray v. The State Of Bihar

2022-05-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62298 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- NADI P.S. District- Patna ====================================================== 1.

BIJENDRA RAY S/o Jairam Ray Resident of Village - Fatehjangpur, P.S. - Nadi, District - Patna.

2.

JAIRAM RAY S/o Balkisun Rai Resident of Village - Fatehjangpur, P.S. - Nadi, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Special Case No. 1995 of 2021 arising out of Nadi P.S. Case No. 53 of 2021 registered under Section 30(a) of Bihar Prohibition and Excise Act.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that petitioners are not the owner of the alleged Tempo from where the alleged illicit liquor has been recovered, as is evident from supplementary affidavit. Petitioners have got no criminal

Patna High Court CR. MISC. No.62298 of 2021(4) dt.13-05-2022 2/2 antecedent.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Special Judge, Excise, Patna in connection with Special Case No. 1995 of 2021 arising out of Nadi P.S. Case No. 53 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) utkarsh/- U T