Akhilesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73943 of 2022 Arising Out of PS. Case No.-414 Year-2022 Thana- DESARI District- Vaishali ====================================================== 1.

AKHILESH RAI SON OF GULAB RAI R/O VILLAGE- LAKHANPUR TAL, P.S.- DESARI, DISTRICT- VAISHALI 2.

VISHAL RAI @ RAJA KUMAR SON OF AKHILESH RAI R/O VILLAGE- LAKHANPUR TAL, P.S.- DESARI, DISTRICT- VAISHALI ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Rakesh Prabhat For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 30 liters of country made liquor is said to have been recovered from the spot. After seeing the police party the petitioners managed to escape from the spot. They have no concern either with the seized liquor or the place of recovery or any trade of

Patna High Court CR. MISC. No.73943 of 2022(2) dt.18-01-2023 2/3 liquor. They have been falsely implicated in this case at the instance of their enemy. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Petitioner are agreed to deposit a sum of Rs.50,000.00 (Rupees Fifty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Desari P.S. Case No.414 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that

(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or his wife.

Patna High Court CR. MISC. No.73943 of 2022(2) dt.18-01-2023 3/3

(2) 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 receipt of deposit of the aforesaid amount in the account of PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T