Krishna Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54458 of 2015 Arising Out of PS.Case No. -77 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Krishna Rai son of Satyanarayan Rai

2. Ashok Rai, son of Satyanarayan Yadav

3. Ajit Rai, son of Krishna Rai All residents of village- Gorhiya, P.S.- Pakarideyal, District- East Champaran

4. Sunil Patel

5. Anil Patel Both sons of Satyanarayan Patel, residents of villageThikanha Bankat, P.S.- Pakarideyal, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-12-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 272, 273 and 290 of the Indian Penal Code, Sections 47 and 47(a) of the Bihar Excise Act, Section 39 of The Wildlife (Protection) Act and Sections 33 and 52 of the Indian Forest Act.

On information that in the Sareh at the bank of river Gandak, illicit liquor is being prepared, the raid was laid leading to recovery of 12 pieces of shisham logs, 10 drums, jaggery and mahua about 5 kg, head of hand-pipe, polythene sachet and 50 litres manufactured country made liquor.

Patna High Court Cr.Misc. No.54458 of 2015 (2) dt.02-12-2015 2/2 It is submitted by learned counsel for the petitioners that admittedly recovery has not been made from the possession of the petitioners. There is nothing on record to suggest that alleged place of seizure belongs to the petitioners or was under control of the petitioners. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Sikrahana at Motihari in connection with Pakaridayal P.S. Case No. 77 of 2015 , subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T