Hare Ram Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9498 of 2022 Arising Out of PS. Case No.-483 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== HARE RAM RAI SON OF SHANKAR RAI R/O VILLAGE- ADDA NO.- 02, P.S.- CHAPRA TOWN (NAGAR), DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(A), 41(i) (ii) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 124 litre of liquor from a barren land situated in front of the house of the petitioner. Further, 20 litre of liquor is alleged to have been recovered from Sunil Rai who was apprehended on the spot along with Devnath Sah from whom 1.2 litre of liquor was recovered.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.9498 of 2022(2) dt.08-07-2022 2/2 was recovered from his conscious possession. It is next submitted that the alleged recovery is from a place which is in front of the house of the petitioner with which petitioner has no concern, it is next submitted that petitioner came to be implicated as the liquor was found from a place in front of his house.

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

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. 5,000/- (Rupees Five Thousand) each 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 Chapra Town (Nagar) P.S. Case No. 483 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T