Sonu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21732 of 2024 Arising Out of PS. Case No.-414 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Sonu Rai Son Of Paras Rai R/O-Salempur, P.S.-LALGANJ, Distt.-VAISHALI At Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar, Adv For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.
2. The petitioner apprehends his arrest in connection with Lalganj P.S Case No. 414 of 2023 instituted under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.
3. As per the prosecution case, total 150 litres of illicit country made liquor was recovered from the plastic bags near Diyara.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The
Patna High Court CR. MISC. No.21732 of 2024(2) dt.02-04-2024 2/2 petitioner was neither arrested on the spot nor anything was recovered from his conscious possession. The alleged recovery has been made from an open place which is accessible to public. The petitioner has no concern with the said liquor. The petitioner has clean antecedent.
5. Learned APP for the State Opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I cum Additional Sessions Judge, Vaishali at Hajipur/ concerned court in connection with Lalganj P.S. Case No. 414 of 2023 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Chandra Prakash Singh, J) N.K/- U T