Raj Kishore Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55154 of 2018 Arising Out of PS. Case No.-312 Year-2018 Thana- SARAIYA District- Muzaffarpur ======================================================

1. Raj Kishore Sah, S/o Late Ramji Sah,

2. Manish Kumar, S/o Raj Kishore Sah, All R/o Vill. - Basantpur Patti, P.S. - Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.Ii For the Opposite Party/s :

Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a), 38, 41 of the Bihar Prohibition and Excise Act, 2016.

From outside the house of the petitioners, about 133 litre liquor was allegedly recovered.

Submission is that petitioners had no knowledge as the place of recovery is open place. Petitioners have stated on oath that they have got no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of

Patna High Court Cr.Misc. No.55154 of 2018(3) dt.20-11-2018 2/2 receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Saraiya Police Station Case No. 312 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/Rajan U T