Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58572 of 2022 Arising Out of PS. Case No.-184 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

RAVI KUMAR Son of Umesh Rai Resident of Village- Litiyahi, P.S.- Raghopur (Rushtampur O.P.) District- Vaishali 2.

BHOLA RAI Son of Dinesh Rai Resident of Village- Litiyahi, P.S.- Raghopur (Rushtampur O.P.) District- Vaishali 3.

SANTOSH KUMAR SOn of Mahendra Rai Resident of Village- Litiyahi, P.S.- Raghopur (Rushtampur O.P.) District- Vaishali 4.

RAJ KUMAR RAI Son of Gena Rai Resident of Village- Litiyahi, P.S.- Raghopur (Rushtampur O.P.) District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273, 414 and 34 of the Indian Penal Code read with Section 30(a) Bihar Excise Act Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 286.695 litres of liquor from the banana plantation of Umesh Rai.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.58572 of 2022(2) dt.09-11-2022 2/2 petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that even the alleged recovery is from a place which does not belong to the petitioner and they came to be implicated by the chowkidar and the police team, it is also submitted that it appears that in order to save the real culprits, the petitioners were implicated when admittedly they are persons with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghopur P.S. Case No. 184 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T