Lallan Rai @ Lalan Ray And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14779 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- DORIGANJ District- Saran ======================================================

1. Lallan Rai @ Lalan Ray, S/o Late Chetan Rai,

2. Rajendra Rai S/o Late Sudarshan Rai,

3. Raja Kumar @ Raju Kumar S/o Lalan Ray @ Lallan Rai,

4. Munna Rai S/o Rajendra Rai, All R/o Village- Barhara, P.S.- Doriganj, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Doriganj P.S. Case no. 36 of 2018 registered under Sections 272, 273, 308 of the Indian Penal Code and Sections 30/38 of Bihar Prohibition & Excise Act-2016.

90 lts. of country made liquor is said to have been recovered from the possession of the petitioners Raja Kumar, Lallan Rai @ Lalan Ray and co-accused Ranjit Kumar while 235 lts. of country made liquor is said to have been recovered from the possession of the petitioners Rajendra Rai, Munna Rai and co-accused Guddu Rai.

Patna High Court Cr.Misc. No.14779 of 2018(3) dt.25-04-2018 2/2 It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. The seizure list indicates that the aforesaid recovery was made from the mustered field located in front of the house of Rajendra Rai and petitioners have no concern either with the seized liquor or with the place of recovery. They have been falsely implicated in the case at the instance of their enemies while they were passing through the place of occurrence at the time of occurrence. They have no criminal antecedent. They have been languishing in custody since 11.02.2018 and charge-sheet in the case has been submitted.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned VIth Additional Sessions Judge, Saran in connection with Doriganj P.S. Case no. 36 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T