Patna High CourtCR. MISC./4773/2024bail granted

Pawan Rai v. The State Of Bihar

2024-02-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4773 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- SARAI District- Vaishali ====================================================== Pawan Rai son of Bindeshwar Rai Village- Matiyara Tok Sonbarsha PsSarai Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Pandey, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offenses punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The learned counsel appearing for the petitioner submits that the petitioner is person of clean antecedent and the allegation is of recovery of 783 liters of liquor from a room of the shop of the petitioner.

4. The learned counsel for the petitioner next submits that the petitioner is a student and he does not own and run the shop. It is next submitted that since the shop belongs to the father of the petitioner, as such, the petitioner also came to be

Patna High Court CR. MISC. No.4773 of 2024(2) dt.13-02-2024 2/2 implicated. It is next submitted that concept of deemed possession and presumed offender has been done away after amendment in the year 2018.

5. The learned A.P.P. opposes the anticipatory bail application of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks, is directed to be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Hajipur, Vaishali in connection with Sarai P.S. Case No. 243 of 2023 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) brajesh/- U T