Patna High CourtCR. MISC./5751/2024bail granted

Umesh Rai v. The State Of Bihar

2024-02-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5751 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- DAUDPUR District- Saran ====================================================== UMESH RAI S/O HARENDRA RAI R/O VILLAGE- SANTHA, PSAWATARNAGAR, DISTT.- SARAN AT CHAPRA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 268.575 litres of liquor from a truck.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of the truck and came to be implicated based on secret information which is the easiest way to implicate someone. It is next submitted that the owner of

Patna High Court CR. MISC. No.5751 of 2024(2) dt.16-02-2024 2/2 the truck moved before this Court seeking anticipatory bail by filing Cr. Misc. No. 5642 of 2024 (Vijadhar Rai Vs. The State of Bihar) which was allowed by an order dated 16.02.2024.

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

7. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Daudpur P.S. Case No. 300 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T