Raja Sah @ Raja Teli @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3532 of 2023 Arising Out of PS. Case No.-397 Year-2022 Thana- MADHUBANI TOWN District- Madhubani ====================================================== 1.
RAJA SAH @ RAJA TELI @ RAJA KUMAR Son of Vijay Sah Resident of Village- Gadiyani Chowck, Ward No.-5, P.S.- Town, District- Madhubani 2.
RAHUL KUMAR @ RAHUL SAH Son of Ramu Sah @ Ram Babu Sah Resident of Village- Kasera Pokhar, Ward No.-4, P.S.- Town, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah For the Opposite Party/s:
Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2023 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 u/s 30 (a) of Bihar Prohibition and Excise.
Altogether 64 liters of illicit liquor is said to have been recovered from a car. The allegation against the petitioners is that after seeing the police, they fled away from the spot. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioners. They have no con-
Patna High Court CR. MISC. No.3532 of 2023(2) dt.20-03-2023 2/3 cern either with the seized liquor or any trade of liquor. They have been falsely implicated in this case at the instance of their enemy. They were not apprehended on the spot and their names transpired in the case only on the basis of secret information. Petitioners have one criminal antecedent, which is also mentioned in para-3 of the bail application. Petitioner no.1 is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) and petitioner no.2 is agreed to deposit Rs.10,000.00 (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
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 learned Court below, where the case is pending/Successor court, in connection with Town P.S. Case No.397 of 2022, subject to the condition as laid down under Section 438 (2) of the
Patna High Court CR. MISC. No.3532 of 2023(2) dt.20-03-2023 3/3 Cr.P.C, with the following conditions:
(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Patna High Court Legal Services Committee. (Anjani Kumar Sharan, J) shikha/- U T