Video Rai @ Vedeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20157 of 2021 Arising Out of PS. Case No.-285 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Video Rai @ Vedeo Rai, Son of Chalitar Rai, Resident of Village- Samartha, P.S.- Bibhutipur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Prakash Sharma, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 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 Bibhutipur P.S. Case no. 285 of 2020 instituted for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and 25(1-b)a, 26/35 of the Arms Act.

The prosecution case relates to recovery of total 4410 litres of illicit liquor from the co-accused who apprehended on the spot.

Learned counsel appearing on behalf of the petitioner has submitted that the name of the petitioner has added in the present case alleging against him is using the mobile no. 9228717152 whereas fact is that the said mobile is not at all

Patna High Court CR. MISC. No.20157 of 2021(2) dt.21-12-2021 2/2 belongs to the petitioner rather has issued in the name of another persons. It is further submitted that petitioner is not apprehended on the spot with any incriminating article. No incriminating liquor was recovered from the conscious and constructive possession of the petitioner. It is also submitted that the alleged vehicle does not belong to the petitioner.

Learned APP for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and 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 Bibhutipur P.S. Case No. 285 of 2020, 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 ADJ 2nd -cum-Special Judge, Excise Act, Samastipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) khushbu/- U T