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Patna High CourtCR. MISC./61009/2022allowed

Ramashish Baitha @ Ramashish Rajak v. The State Of Bihar

2022-12-02Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61009 of 2022 Arising Out of PS. Case No.-267 Year-2022 Thana- GOH District- Aurangabad ====================================================== 1.

RAMASHISH BAITHA @ RAMASHISH RAJAK S/o Binod Baitha R/o Village- Goh, P.S.- Goh, Distt- Aurangabad.

2.

BHOLA BAITHA @ PRAKASH KUMAR RAJAK S/o Budh Ram Baitha R/o Village- Goh, P.S.-Goh, Distt- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60689 of 2022 Arising Out of PS. Case No.-267 Year-2022 Thana- GOH District- Aurangabad ====================================================== 1.

ASHOK YADAV Son of Indradeo Yadav R/V- Panchan Bigha, P.SBandeya, Dist- Aurangabad 2.

Biru Yadav Son of Rajeshwar Yadav R/V- Goh, P.S- Goh, Dist- Aurangabad 3.

Bali Sao Son of Late Krishna Sao R/V- Binova Bigha, P.S- Goh, DistAurangabad ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 61009 of 2022) For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Bishweshwar Ram (In CRIMINAL MISCELLANEOUS No. 60689 of 2022) For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Petitioners apprehend their arrest in a case registered

Patna High Court CR. MISC. No.61009 of 2022(2) dt.02-12-2022 2/3 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

36 litres of country made liquor has been recovered from the field of Pankaj Singh Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners of Cr. Misc. No.61009 of 2022 have got no criminal antecedent whereas petitioners of Cr. Misc. No.60689 of 2022 have one criminal antecedent of similar nature as stated in paragraph-3 of the bail application. It is further submitted that nothing has been recovered from the conscious possession of the petitioners and the local Chowkidar has identified the petitioners. Petitioners of Cr. Misc. No.61009 of 2022 are agree to deposit a sum of Rs. 20,000/- (rupees twenty thousand) each and petitioners of Cr. Misc. No.60689 of 2022 are agree to deposit a sum of Rs.

30,000/- (rupees thirty 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.

Patna High Court CR. MISC. No.61009 of 2022(2) dt.02-12-2022 3/3 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 Special Judge, Excise, Second, Aurangabad in connection with Goh P.S. Case No.267 of 2022, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that: (i) One of the bailors will be own blood relative of the petitioners, preferably, father, mother, brother, sister and/or their wives.

(ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned court below on showing receipts of deposit of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

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