Sanjiv Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8923 of 2020 Arising Out of PS. Case No.-593 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Sanjiv Rai Son of Jiya Lal Yadav @ Jiya lal Rai Resident of Village - Mohhamadpur, P.S. - Paroo, District - Muzaffarpur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sri Krishna Ranjan, Adv.

For the Opposite Party :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 593 of 2019 for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 584 litres of illicit beer from a Scorpio vehicle not bearing any registration number. The driver of the Scorpio vehicle was arrested and he had disclosed that the petitioner is the owner of the vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, is having no complicity in the matter and though he has been involved in two other criminal cases but is on bail in the said two cases. The learned counsel

Patna High Court CR. MISC. No.8923 of 2020(2) dt.29-02-2020 2/2 for the petitioner has referred to paragraph No. 8 of the present petition to state that the petitioner is not the owner of the vehicle. Lastly, it is submitted that since no recovery of illicit liquor has been made either from the conscious possession of the petitioner nor from his vehicle or from his house, the provisions of Bihar Prohibition and Excise Act, 2016 are not attracted. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I find that prima facie no offence is made out under the provisions of the Bihar Prohibition and Excise Act, 2016, hence, I deem it fit and proper to direct for release of the petitioner on anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/-(rupees ten thousand) with two sureties of the like amount to the satisfaction of learned Special Judge Excise, Muzaffarpur with Sadar P.S. Case No. 593 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) K.K.RAO/- U T