Amresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16175 of 2022 Arising Out of PS. Case No.-263 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

AMRESH RAI Son of Sitab Rai Resident of Village - Litiyahi Ward No.9, P.s.- Rustampur, (O.P. Raghopur), Distt.- Vaishali. 2.

Bochan Rai @ Ajit Kumar Son of Harendra Rai Resident of Village - Litiyahi Ward No.9, P.s.- Rustampur, (O.P. Raghopur), Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 272, 273, 414/34 of the Indian Penal Code and under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 240.840 liter of foreign liquor has been recovered from a truck standing on PCC road near Diyara. Name of petitioners transpired in this case on the disclosure made by local people.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.16175 of 2022(2) dt.15-07-2022 2/2 the case. No incriminating article has been recovered from the conscious possession of the petitioners. Petitioners are neither driver nor owner of the vehicle in question. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Vaishali at Hajipur in connection with Raghopur PS case No. 263/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T