Panchanand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5376 of 2024 Arising Out of PS. Case No.-31 Year-2022 Thana- Excise P.S. District- Vaishali ====================================================== Panchanand Rai S/O CHANARIK RAI VILLAGE- TERASIYA, PS. GANGA BRIDGE, DIST. VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024 1.

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

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 36, 41(i), (ii) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 14.250 litres of liquor from the piles of straws. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that the alleged place from where the recovery was made does not belong to the petitioner and he came to be implicated by nearby people but FIR does not disclose the name of the person who disclosed the name of the petitioner, which

Patna High Court CR. MISC. No.5376 of 2024(2) dt.15-02-2024 2/2 casts an aspersion on the case of the prosecution. 4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

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 learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hajipur Excise P.S. Case No. 31 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T