IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30913 of 2020

Arising Out of PS. Case No.-164 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj

======================================================

1.

LAKHRAJ RAI, Son of Late Sheo Narayan Rai, Residence of – Dharphari

@ Dharkadi, P.S.- Dewariya, District - Mujaffarpur.

2.

Sudhan Rai, Son of late Sipahi Rai, Residence of village – Hajari Madhopur,

P.S.- Sahebganj, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Sushil Kumar, Advocate

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP.

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

ORAL ORDER

2

20-01-2021

Learned counsel for the petitioners is permitted to

make necessary correction in the name of petitioner no.2 and its

parentage etc. and also in the prayer portion of the petition

during the course of the day.

Accordingly, NIC/office is directed to make necessary

correction in the name of petitioner no.2 and its parentage etc.

Heard learned counsel for the petitioners and State.

The petitioners are in custody in connection with

Baikunthpur P.S. Case No. 164 of 2020 for the offence under

Sections 272, 273/34 of the Indian Penal Code and Section

30(a) of the Bihar Prohibition & Excise Amendment Act, 2016.

In the instant case total 105 litres of liquor was seized.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.30913 of 2020(2) dt.20-01-2021

2/2

petitioners have got no criminal antecedent. He further submits

that petitioners have no concern either with the trade of liquor or

with the seized liquor. The petitioners are in custody since

15.06.2020.

Considering the fact that the petitioners have got no

criminal antecedent, the petitioners named above, are directed to

be released on bail on furnishing bail bonds of Rs.50,000/-

(Rupees fifty thousand) each with two sureties of the like

amount each to the satisfaction of Additional Sessions Judge-II,

Gopalganj in connection with Baikunthpur P.S. Case No. 164 of

2020 with the condition that the petitioners will deposit

Rs.50,000/- (Fifty thousand) cash (each) in the court below and

the same shall be abide by the final outcome in the trial i.e. if

the petitioners are acquitted the amount of Rs.50,000/- shall be

refunded in favour of the petitioners, otherwise it shall be

forfeited.

uday/-

(Anil Kumar Upadhyay, J)

U

T