Rampravesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18958 of 2022 Arising Out of PS. Case No.-254 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== RAMPRAVESH RAI S/O DAYALI RAI R/O VILL- FULPURA, P.S.- BIDUPUR, DIST.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bidupur P.S. Case no. 254 of 2019 instituted for the offence under Sections 420, 414 IPC and Section 30(a), 35 and 41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 414 litres of India made foreign liquor from four different vehicles. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or with the vehicles in question. Neither the petitioner was arrested nor any incriminating article has been recovered from

Patna High Court CR. MISC. No.18958 of 2022(2) dt.25-08-2022 2/2 his possession. Similarly situated several co-accused persons have already been granted bail vide order dated 27.11.2019 passed in Cr. Misc. No. 76385 of 2019 and vide order dated 23.01.2020 passed in Cr. Misc. No. 69335 of 2019. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bidupur P.S. Case no. 254 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge Excise Act No.-1 Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U