Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.303 of 2020 Arising Out of PS. Case No.-228 Year-2019 Thana- PIYAR District- Muzaffarpur ====================================================== MANOJ RAI, Male, aged about 40 years, S/o Yogendra Rai, R/o villageHatha, P.S.- Piar, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nitu Kumari, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Piar (Hatha O.P.) P.S. Case No. 228 of 2019, registered for the offence under Sections 272, 273, 120(B) of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Altogether five persons have been made accused in this case. On the basis of secret information that the accused persons are involved in the trade of illicit liquor, the Police made search and recovered about 86.4 liters of illicit foreign liquor from the house of co-accused Amit Rai and Sukhdeo Rail.

Learned counsel for the petitioner submits that nothing has been recovered from the house of this petitioner, inasmuch as, the petitioner has no criminal antecedent. He

Patna High Court CR. MISC. No.303 of 2020(2) dt.25-02-2020 2/2 further submits that co-accused Vikash Sahani @ Vikash Kumar, has been granted anticipatory bail by a coordinate Bench of this Court in Criminal Miscellaneous No.394 of 2020. Considering the aforesaid facts, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur, in connection with Piar (Hatha O.P.) P.S. Case No. 228 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 08.01.2020 then his bail bond would not be accepted.