Anshu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1088 of 2022 Arising Out of PS. Case No.-287 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

ANSHU RAI S/o Santosh Rai R/o Village- Gandhi Chowk Uttam Nagar, R3A216/17, Sector-3, P.S.- Uttam Nagar, District- New Delhi. 2.

Salman Khan S/o Kamaruddin Khan R/o Village- Gandhi Chowk, Uttam Nagar, R-3A2/12, Sector- 3, P.S.- Uttam Nagar, District- New Delhi. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioners as well as learned APP for the State.

In this case, the petitioners are seeking regular bail in connection with Bajpatti P.S. Case No. 287 of 2021, registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2018.

As per allegation, 127.5 litres of liquor was recovered from a car which was intercepted by the police. The

Patna High Court CR. MISC. No.1088 of 2022(2) dt.01-06-2022 2/3 petitioner after getting down from that car began to flee away and were apprehended after little chase.

Learned counsel for the petitioners has submitted that both the petitioners are persons of clean antecedents and they are under custody since 24.09.2021.

Considering the period of custody as well as the clean antecedents, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum- Special Judge Excise Act, Sitamarhi in connection with Bajpatti P.S. Case No. 287 of 2021, subject to the following conditions:- (i) The petitioners shall be released only after verification of their criminal antecedents.

(ii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(iii) At the time of furnishing bail bond, the petitioners shall file an affidavit to the effect that they shall not indulge themselves in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of

Patna High Court CR. MISC. No.1088 of 2022(2) dt.01-06-2022 3/3 the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T