Bitan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11485 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- DIGHWARA District- Saran ====================================================== BITAN RAI Son of Sri Uma Rai Resident of Village - Chatar Chapra, P.S.- Dighwara, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Sinha For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application for grant of anticipatory bail arises out of Dighwara Police Station Case No. 14 of 2020, disclosing offence under Sections 272/273 of the Indian Penal Code and Sections 30 (a)/38/41 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

The allegation against the petitioner, as per the First Information Report, is that the police raided the underconstructed house of the petitioner and recovered 350 litres of illicit spirit.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.11485 of 2020(3) dt.19-06-2020 2/3 petitioner has not committed any offence in the manner alleged. He further submits that from perusal of the First Information Report and the seizure list, it would be evident that the illicit spirit has been recovered from the under-constructed house, in which the petitioner was not residing and the house was accessible to all and sundry. He, thus, submits that from perusal of the First Information Report and the seizure list, no prima facie case is made out under the provisions of the Act. After having heard learned Counsel for the parties concerned and taking into consideration the fact that the illicit spirit has been recovered from the under-constructed house of the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned end Additional Sessions Judge -cum- Special Judge, Excise, Saran, in connection with Dighwara Police Station Case No. 14 of 2020, subject to the condition laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.11485 of 2020(3) dt.19-06-2020 3/3 Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √