Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9095 of 2020 Arising Out of PS. Case No.-211 Year-2019 Thana- MAKER District- Saran ====================================================== 1.

ARUN RAI Son of Late Seth Rai Resident of Village - Dihi Siroman, P.S.- Maker, District- Saran At Chhapran 2.

Md. Azad Son of Md. Jalil @ Bholi Resident of Village - Pir Maker, P.S.- Maker, District- Saran At Chhapran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Maker PS case no. 211 of 2019 registered for the offences punishable under Sections 272, 273, 414, 120(B) of Indian Penal Code and Sections 30, 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck which was being unloaded and when the accused persons were apprehended, they had also named the other co-accused persons who had fled away including the petitioners herein.

Patna High Court CR. MISC. No.9095 of 2020(2) dt.04-03-2020 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, they are having clean antecedent and it has been stated categorically in paragraph no. 12 of the present petition that they are neither the owner of the illicit wine nor the truck, hence it is submitted that since no illicit liquor has been recovered either from the conscious possession of the petitioners or from their vehicle or from their house, the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted.

Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioners as also taking in account the fact that prima facie, no case is made out as against the petitioners herein under the provisions of the Bihar Prohibition and Excise Act, 2016, upon a bare perusal of the FIR, as far as consideration of the present petition is concerned, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.9095 of 2020(2) dt.04-03-2020 3/3 amount each to the satisfaction of learned 2nd Additional Judgecum-Special Judge, Excise Act, Saran at Chhapra in connection with Maker PS case no. 211 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T