Hari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16521 of 2022 Arising Out of PS. Case No.-811 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Hari Rai S/O Darogi Rai R/O Village- Mahua Singh Rai, P.S.- Mahua, District- Vaishali, Bihar- 844122 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 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), 32(ii), 34(ii), 38(ii), 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 876 litres of Indian made foreign liquor from a pick-up-van and one person was apprehended who disclosed his name as Om Prakash. He named the petitioner as a person who fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the

Patna High Court CR. MISC. No.16521 of 2022(2) dt.12-08-2022 2/2 spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of seized pick-up-van. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, 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 Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-IIcum-Additional District & Sessions Judge-II, Vaishali at Hajipur in connection with Mahua P.S. Case No. 811 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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