Mosaheb Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82364 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- NAYAGAON District- Saran ====================================================== 1.
Chandan Rai @ Chandan Kumar Son of Rajeshwar Rai Resident of Village - Bariyarchak, P.S. - Nayagaon, District - Saran at Chapra (Bihar) 2.
Rahul Kumar @ Rahul Rai Son of Krishna Rai Resident of Village - Bariyarchak Hasilpur, P.S. - Nayagaon, District - Saran at Chapra (Bihar) 3.
Deepak Kumar @ Deepak Kumar Rai Son of Krishna Rai Resident of Village - Bariyarchak Hasilpur, P.S. - Nayagaon, District - Saran at Chapra (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 82596 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- NAYAGAON District- Saran ====================================================== Mosaheb Rai Son of Ramsurat Ray Resident of Village - Bariyarchak Hasilpur, P.S. - Nayagaon, District - Saran at Chapra (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 82364 of 2024) For the Petitioner/s :
Mr.Rakesh Kumar For the Opposite Party/s :
Mr.Madan Kumar (In CRIMINAL MISCELLANEOUS No. 82596 of 2024) For the Petitioner/s :
Mr.Rakesh Kumar For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned A.P.P. 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. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.82364 of 2024(2) dt.11-12-2024 2/3 the petitioners are innocent and have been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 110 liters of country made liquor is said to have been recovered from the place of occurrence. He submits that the apprehended person disclosed the name of the petitioners. Petitioners of Cr. Misc. No. 82364 of 2024 have no criminal antecedent and petitioner of Cr. Misc. No. 82596 of 2024 has two criminal antecedents as mentioned in para-3 of these applications.
4. Petitioners are agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) each in the account of Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
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 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 Nayagaon P.S. Case No. 185 of 2024, subject to
Patna High Court CR. MISC. No.82364 of 2024(2) dt.11-12-2024 3/3 the condition as laid down under Section 482 (2) of the B.N.S, subject to the further conditions that:
(i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wives. (ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.
6. 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 Mahavir Cancer Sansthan, Patna.
(Anjani Kumar Sharan, J) devendra/- U T