Bitari Rai @ Bihari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3807 of 2023 Arising Out of PS. Case No.-361 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== BITARI RAI @ BIHARI RAI S/O BALA RAI R/v- Madhopur Hazari, Ward No. 12, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sahebganj P.S. Case No.361 of 2021 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from possession of the petitioner rather recovery has been made from the land of P.W.D. situated in the bank of canal. The petitioner has got no criminal antecedent.

Having considered the above facts and circumstances of the case and the submissions advanced on behalf of the

Patna High Court CR. MISC. No.3807 of 2023(2) dt.28-04-2023 2/2 parties, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Exclusive Special Judge, Excise Court No.II, Muzaffarpur in connection with Sahebganj P.S. Case No.361 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) Harish/- U T