Kameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56011 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

KAMESHWAR RAI SON OF JIYALAL RAI R/O VILL- MOHADDIPUR, P.S. CHIRAIYA, DIST- EAST CHAMPARAN 2.

MUKESH RAI SON OF CHHATU RAI R/O VILL- MOHADDIPUR, P.S. CHIRAIYA, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manjeet Kumar Mishra For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Section 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. 60 liters of country-made liquor has been recovered from the field of Horil Rai.

4. It is submitted on behalf of petitioners that nothing has been recovered from the conscious possession of the petitioners. Recovery has been made from an open place. Petitioners have got clean antecedent.

5. Considering the nature of allegation and clean

Patna High Court CR. MISC. No.56011 of 2023(2) dt.30-08-2023 2/2 antecedent of petitioners, let the above named petitioners, in the event of their arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, East Champaran at Motihari in connection with Chiraiya P.S. Case No. 179 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay/- U T