Patna High CourtCR. MISC./13712/2021bail granted

Raju Ansari v. The State Of Bihar

2022-01-03Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13712 of 2021 Arising Out of PS. Case No.-245 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== RAJU ANSARI Son of Babujan @ Babujan Ansari Resident of Village - Nechwa Pandey Tola, P.S. - Kuchaikote, District - Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-01-2022 Heard Mr. Indrajeet Bhushan, learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 245 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 387 litres of liquor is said to have been recovered from a Scorpio vehicle. The person who was arrested along with the liquor has disclosed before the police that the petitioner had been driving the vehicle. Learned counsel for the petitioner has submitted that he though is a driver by profession but he had not been driving the same vehicle and he has been falsely named by the arrested accused persons because of his earlier enmity with him.

Patna High Court CR. MISC. No.13712 of 2021(2) dt.03-01-2022 2/2 The petitioner does not have criminal antecedents.

On these two grounds, it has been urged that no offence under the Excise Act can at all be said to have been made out as against him.

For the reasons aforestated, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned IInd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj in connection with Excise Case No. 245 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T