Mannu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55398 of 2022 Arising Out of PS. Case No.-319 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Mannu Rai Son of Ram Prakash Rai, Resident of village - Jaynagar, P.S.- Barauni, District - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 57559 of 2022 Arising Out of PS. Case No.-319 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== 1.

Sonu Rai Son of Manoj Rai, R/o Vill.- Ganga Prasad, Bind Toli, P.S.- Barauni Chakia O.P., Dist.- Begusarai.

2.

Raj Kumar Sah Son of Vishundeo Sah, R/o Vill.- Gadhara, Prem Nagar Tola, P.S.- Barauni (Gadhara O.P.), Dist.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 55398 of 2022) For the Petitioner/s :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Ms. Rita Verma, APP.

(In CRIMINAL MISCELLANEOUS No. 57559 of 2022) For the Petitioner/s :

Mr. Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual mode.

The petitioners seek regular bail in connection with

Patna High Court CR. MISC. No.55398 of 2022(2) dt.02-12-2022 2/3 Barauni (Chakiya) P.S. Case No. 319 of 2022, lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, the total recovery of 45 liter of country-made liquor has been made, which is subject matter of the present case.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. He further submits that petitioner of Cr. Misc. No. 55398 of 2022 has one criminal antecedent in which he is on bail. He further submits that petitioner has been apprehended from the place of occurrence, he is in custody since 12.07.2022 and charge sheet has already been filed in this case.

Learned counsel for the petitioners of Cr. Misc. No. 57559 of 2022 submits that both the petitioners have clean antecedent and they were apprehended from the place of occurrence, they are in custody since 12.07.2022 and chargesheet has already filed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees

Patna High Court CR. MISC. No.55398 of 2022(2) dt.02-12-2022 3/3 Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Begusarai in connection with Barauni (Chakiya) P.S. Case No. 319 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T