Abhishek Rai @ Rishu @ Abhishek Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10086 of 2022 Arising Out of PS. Case No.-84 Year-2019 Thana- SALIMPUR District- Patna ====================================================== Abhishek Rai @ Rishu @ Abhishek Raj, S/O Bishwanath Rai R/O VillageJadhua, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(1)(2), 38(1)(2), 41(1) and 47 of the Excise Act. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 3476.250 litre of liquor from three vehicles as detailed in the F.I.R.

The learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name transpired during the course of investigation, as such, nothing was recovered from his conscious possession and the petitioner is neither the owner, nor the driver of any of the vehicles. It is

Patna High Court CR. MISC. No.10086 of 2022(2) dt.22-07-2022 2/2 further submitted that co-accused Arjun Yadav has been granted anticipatory bail by order dated 13.12.2019 in Cr. Misc. No.82950 of 2019.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Special Case No.4202 of 2019 arising out of Salimpur P. S. Case No.84 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T