Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13442 of 2019 Arising Out of PS. Case No.-107 Year-2018 Thana- PHENHARA District- East Champaran ====================================================== Surendra Rai, Son of Raj Nand Rai R/o village- Bichla Marpa, P.S- Phenhara, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 188 and 290 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that on a secret information that in a grocery shop, the illicit liquor is being sold, raid was laid in the said shop and one person was apprehended and 15.6 litres of Nepali liquor were recovered. The apprehended co-accused person confessed that the seized liquor was being supplied to him by the petitioner.

It is submitted by learned counsel for the petitioner that admittedly, recovery has not been made from the conscious

Patna High Court CR. MISC. No.13442 of 2019(3) dt.11-04-2019 2/2 physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up on the statement of apprehended co-accused person. Considering the fact that prosecution case does not suggest that recovery has been made from the conscious physical possession of the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 7th Additional Sessions Judge-cumSpecial Judge, Excise, East Champaran, Motihari in connection with Phenhara P.S. Case No. 107 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T