Chanchal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54320 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Chanchal Rai, S/O Ganga Rai, R/O village- Narayanpur, P.S.- Koilwar, District- Bhojpur 2.

Samarjit Rai, S/O Ganga Rai, R/O village- Narayanpur, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malti Kumari For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Excise Case No. 1193 of 2019 arising out of Koilwar P.S. Case No. 208 of 2019, registered under Section 30(a) of Bihar Excise Act.

The accusation is that on receiving secret information about carrying the illicit liquor by both petitioners from village, Narayanpur, the informant along with other police personnel reached there and on seeing the police party, two persons started to flee away from the back door of the house but on chased, one person was apprehended, who disclosed his

Patna High Court CR. MISC. No.54320 of 2019(2) dt.29-08-2019 2/2 name as Sukhari Kahar. On search, six bottles of 375ml and 5 bottles of 180 ml Indian made foreign liquor were recovered from the sack.

Learned counsel for the petitioners submits that petitioners were not apprehended by the police at the spot but with ulterior motive, petitioners have falsely been implicated in this case and petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge-Cum-Special Judge, Excise Act, Bhojpur at Arrah, in connection with Excise Case No. 1193 of 2019 arising out of Koilwar P.S. Case No. 208 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T