Birendra Rai @ Virendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80823 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- NADI P.S. District- Patna ====================================================== 1.

Birendra Rai @ Virendra Ray S/O Late Daroga Rai Resident of Village Alampur P.S-Nadi District- Patna.

2.

Chandan Kumar S/O Birendra Rai @ Birendra Ray Resident of Village Alampur P.S-Nadi District- Patna.

3.

Ravi Kumar S/O Arjun Kumar @ Arjun Ray Resident of Village Alampur P.S-Nadi District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Nadi PS Case No. 325 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and 25(1-B)a, 26 and 35 of the Arms Act.

3.

The prosecution case, in short, is that there is recovery of 69 litres of IMFL and a regular rifle from the house of the co-accused.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.80823 of 2024(2) dt.22-11-2024 2/3 implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of petitioner no. 2 Chandan Kumar where other family members also reside. It has been alleged by the co-accused Aman Kumar that the alleged rifle is of co-accused Satya Prakash @ Satya. The petitioners are in custody since 06.10.2024. The petitioner no. 2 has got one criminal antecedent and petitioner nos. 1 and 3 have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.80823 of 2024(2) dt.22-11-2024 3/3 of Court below/concerned Court in connection with Nadi PS Case No. 325 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T