Ajay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16558 of 2022 Arising Out of PS. Case No.-1045 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

AJAY KUMAR RAI S/o Ram Jatan Rai R/o Village- Samachak, P.S.- Hajipur Sadar, District- Vaishali.

2.

Tuntun Rai @ Tutun Rai S/o Devendra Ray R/o Village- Samachak, P.S.- Hajipur Sadar, District- Vaishali.

3.

Bittu Rai @ Bittu Kumar S/o Devendra Rai R/o Village- Karhatiya Buzurg, P.S.- Goraul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

It is a case of recovery of English wine from the open land of co-accused Upendra Rai.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that at the instance of Chaukidar and villagers, the name of the petitioner has transpired. He further submits that

Patna High Court CR. MISC. No.16558 of 2022(2) dt.25-08-2022 2/2 no incriminating wine was recovered from his possession. Petitioner has clean antecedent. He further submits that similarly situated co-accused persons have already been granted anticipatory bail by this Court.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No-I-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 1045 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