Amresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9541 of 2020 Arising Out of PS. Case No.-499 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

AMRESH RAI S/o Fuleshwar Rai Resident of Jamira, P.S.- Dariyapur, District- Saran.

2.

Pappu Kumar Son of Mahesh Rai Resident of Jamira, P.S.- Dariyapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-06-2020 Heard learned counsel for the petitioners and learned learned Additional Public Prosecutor for the State. The petitioners are apprehending arrest in connection with Dariyapur P.S. Case No. 499 of 2019 for the offenses under Section 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent. They are uncle and nephew. Nothing was recovered from the possession of the petitioners. They have no concern either with the truck or the motorcycle which were allegedly used for transportation of liquor wherefrom 558 liters of liquor was seized.

Patna High Court CR. MISC. No.9541 of 2020(2) dt.10-06-2020 2/2 Considering the fact that the petitioners have no criminal antecedent, nothing was recovered from the possession of the petitioners and they are not the owner of the truck or the motorcycle used in the transportation of the liquor, the Court is inclined to grant anticipatory bail to the petitioners. Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge (Excise Act), Saran in connection with Dariyapur P.S. Case No. 499 of 2019.

(Anil Kumar Upadhyay, J) spandey/- U T