Shambhu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12044 of 2019 Arising Out of PS. Case No.-764 Year-2018 Thana- kanti Tharmal power DistrictMuzaffarpur ====================================================== Shambhu Rai, aged about 30 years, Gender-Male, son of Nand Kishore Rai, Resident of Village -Dhemhan, P.S.- Kanti, Distt.- Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Singh For the Opposite Party/s :
Smt. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Kanti P.S. Case No. 764 of 2018, registered for the offence under Sections 30(a), 41, 44 and 45 of the Bihar Prohibition and Excise Act, 2016.
5 litres of liquor has been recovered from a hut, which is situated near the house of this petitioner. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.
Looking to the quantum of recovered liquor, let the petitioner, namely, Shambhu Rai, be released on anticipatory bail in the event of his arrest or surrender before the learned
Patna High Court CR. MISC. No.12044 of 2019(2) dt.27-02-2019 2/2 Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur, in connection with Kanti P.S. Case No. 764 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
However, at the time of accepting the bail bonds, the Court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 26.02.2019, then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T