Manoj Rai @ Siyar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12044 of 2022 Arising Out of PS. Case No.-544 Year-2020 Thana- DIGHA District- Patna ====================================================== MANOJ RAI @ SIYAR RAI Son of Sri Ram Janam Rai Resident of VillageDigha Chauhatta, P.S.- Digha, District- Patna, Bihar ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Kaushlendra, Advocate For the Opposite Party/s :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 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)(c)(d) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 20 litres of liquor from a gallon kept at Digha Ghat kiln.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the alleged place of recovery is a public place and as such it cannot be alleged that it was the petitioner who
Patna High Court CR. MISC. No.12044 of 2022(2) dt.15-07-2022 2/2 had kept the liquor at the place of occurrence. Learned counsel further submits that his name transpired in the confessional statement of apprehended accused which has no evidentiary value.
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. 1,000/- (Rupees One 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 Digha P.S. Case No. 544 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T