Umesh Rai @ Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14474 of 2021 Arising Out of PS. Case No.-790 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== UMESH RAI @ UMESH KUMAR S/O BANSHLAL RAI R/O VILLAGEDUBIYAHI, P.S.- KUDHANI, DISTRICT- MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 414, 467, 468 and 471/34 of the Indian Penal Code and Sections 30(a)/38(i)/41(i) of the Bihar Prohibition and Excise Act. Submission is that recovery of liquor is alleged from a truck parked at the door of co-accused. Petitioner was not there at the time of recovery nor the petitioner has any concern with the vehicle or the liquor. Petitioner has got no criminal antecedent.

Considering the submission and lack of direct material against the petitioner, let the petitioner, above named,

Patna High Court CR. MISC. No.14474 of 2021(2) dt.22-11-2021 2/2 in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Kudhani (Turki O.P.) P.S. Case No. 790 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T