Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66353 of 2019 Arising Out of PS. Case No.-346 Year-2019 Thana- BARH District- Patna ====================================================== 1.

SANJAY RAI, Son of Ram Babu Ray, Resident of Village- Dadaur, P.S.- Bakhtiyarpur, District- Patna.

2.

Munna Rai @ Munna Yadav Son of Rajendra Rai Resident of VillageShekhopur, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a)/38/41 of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of huge quantity of illicit liquors from different houses of different persons. It has been submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners and they have no concern with the seized liquor. Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.66353 of 2019(4) dt.18-12-2019 2/2 the case, let the petitioners named above be released on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Barh P.S. Case No.346 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Sanjay/- U T