Rudal Rai @ Rudal Kumar Rai & Ors vs The State Of Bihar on 12 July, 2018

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Patna High Court - Orders

Rudal Rai @ Rudal Kumar Rai & Ors vs The State Of Bihar on 12 July, 2018

Bench: Sudhir Singh

                 IN THE HIGH COURT OF JUDICATURE AT PATNA

                                  Criminal Miscellaneous No.39828 of 2018
                  Arising Out of PS.Case No. -118 Year- 2018 Thana -DALSINGHSARAI District- SAM ASTIPUR
                 ======================================================
                 1. Rudal Rai @ Rudal Kumar Rai, S/o Tulsi Ray,
                 2. Ram Pravesh Rai, S/o Dayanand Rai,
                 3. Rakesh Kumar Sah @ Rakesh Sah, S/o Late Raj Kumar Sah, All R/o
                    Vill.- Banghara, Dalsingh Sarai, P.S.- Dalsingh Sarai (Gataho), District-
                    Samastipur.                                          .... .... Petitioners
                                                  Versus
                 The State of Bihar                                 .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners       : Mr. Rana Sanjay Kumar Singh, Advocate.
                 For the Opposite Party :      Smt. Veena Kumari Jaiswal, APP 147
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                 ORAL ORDER
2   12-07-2018

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 272, 273/34 of the IPC and 30(a),(d),35(a),(d),38(i)(ii) and 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 11.250 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 11.250 liters wine is recovered from the Maize field of co-accused Raj Kumar Patna High Court Cr.M isc. No.39828 of 2018 (2) dt.12-07-2018 2/2 Rai. The name of the petitioners has come on the basis of disclosure made by the co-accused Vivek Kumar. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge-cum-Special Judge, Excise, Samastipur, in connection with Dalsingh Sarai (Gatho) Police Station Case No. 118 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./Abhijeet-

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Patna High Court - Orders