Patna High CourtCR. MISC./73983/2024bail granted

Manoj Rai v. The State Of Bihar

2024-12-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73983 of 2024 Arising Out of PS. Case No.-624 Year-2023 Thana- MALSALAMI District- Patna ====================================================== 1.

Manoj Rai Son of Kameshwar Ray Resident of Village - Rikabganj Rice Mill, P.S. - Malsalami, District - Patna 2.

Binod Rai Son of Kameshwar Rai Resident of Village - Rikabganj Rice Mill, P.S. - Malsalami, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2024 Heard Learned Counsel for the petitioners and Learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Malsalami P.S. Case No.624 of 2023 lodged under Sections 30(a) and 36 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, the total recovery of 62.390 liters of wine ( 12.390 liter of foreign liquor and 50 liter of country-made liquor) has alleged to be made, which is subject matter of the present case.

4. Learned Counsel for the petitioners submits that the petitioners had earlier moved before this Court for anticipatory bail which has been rejected, thereafter they have surrendered

Patna High Court CR. MISC. No.73983 of 2024(2) dt.05-12-2024 2/2 before the court and now, pray for regular bail. He further submits that the said liquor has been recovered from the house of the petitioners.

5. Counsel for the petitioners submits that petitioners are in custody since 09.09.2024 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of Court of Special Judge Excise Patna City, Patna in connection with Malsalami P.S. Case No.624 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T