Uday Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70121 of 2021 Arising Out of PS. Case No.-122 Year-2020 Thana- NADI P.S. District- Patna ====================================================== 1.

UDAY RAI Son of Late Asrfi Rai Resident of village - Fatehjangpur, P.S.- Nadi, District - Patna.

2.

Ranjeet Rai Son of Harbnashu Rai Resident of village - Fatehjangpur, P.S.- Nadi, District - Patna.

3.

Kallu Ahmad Son of Rafi Ahmad Resident of village - Fatehjangpur, P.S.- Nadi, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-05-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioners rather 1860 litres of country made liquor has been recovered from a boat. It is submitted that the petitioners have got no criminal antecedent.

Patna High Court CR. MISC. No.70121 of 2021(2) dt.20-05-2022 2/3 Petitioners are agree to deposit a sum of Rs. 20,000/- (rupees twenty thousand) each in the Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the facts aforesaid and the fact that there is no recovery from the conscious possession of the petitioners, let 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 enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending/successor court in connection with Nadi P.S. Case No. 122 of 2020, giving rise to Special Case No.4595 of 2020, subject to the conditions:

(1) As laid down under Section 438 (2) of the Code of Criminal Procedure.

(2) One of the bailors will be own blood relative of the petitioners, preferably, father, mother, brother, sister and/or wife.

(3) The petitioners shall not indulge themselves in any

Patna High Court CR. MISC. No.70121 of 2021(2) dt.20-05-2022 3/3 similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J.) Sanjay/- U T