Sanjay Rai @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79664 of 2023 Arising Out of PS. Case No.-324 Year-2023 Thana- NADI P.S. District- Patna ====================================================== 1.
Sanjay Rai @ Sanjay Kumar S/O Mahendra Rai Resident Of VillageAlampur, Police Station- Nadi, District- Patna 2.
Ravi Kumar S/O Late Chappu Rai @ Chhapu Rai Resident Of VillageAlampur, Police Station- Nadi, District- Patna 3.
Raj Kumar Son Of Naresh Rai Resident Of Village- Alampur, Police Station- Nadi, District- Patna 4.
Chandan Kumar Son Of Virendra Rai @ Birendra Rai Resident Of VillageAlampur, Police Station- Nadi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. 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 180 litres of country made liquor is said to have been recovered from a tempo and on inquiry local people disclosed the name of the
Patna High Court CR. MISC. No.79664 of 2023(2) dt.14-12-2023 2/3 petitioners. Petitioners have no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioners are not specific rather general and omnibus in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
4. Petitioners are agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No. 3332964762, Central Bank of India, Chitkohra Branch, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code : 800016018.
5. 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, 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 Nadi P.S. Case No. 324 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioners will not indulge himself in any
Patna High Court CR. MISC. No.79664 of 2023(2) dt.14-12-2023 3/3 similar offence till conclusion of the trial.
6. The bail bond of the petitioners will be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Ranjeet/- U T