Hiralal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13056 of 2022 Arising Out of PS. Case No.-81 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== HIRALAL RAI Son of Padarath Rai Resident of Village- Pakaha, P.S.- Baikunthpur, District- Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30 (a) and 41 of the Bihar Prohibition and Excise Act, 2018. It is a case of recovery of country made wine from the three plastic drums.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that in the light of the co-villagers, the name of the petitioner was transpired and nothing has been recovered from the conscious or constructive possession of the petitioner and he has no concern with the seized liquor and petitioner has not been apprehended at the spot. Petitioner has clean

Patna High Court CR. MISC. No.13056 of 2022(2) dt.05-08-2022 2/2 antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge (Excise Act), Gopalganj in connection with Baikunthpur P.S. Case No. 81 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T