Anshu Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18065 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== ANSHU RAJ, aged about 25 years, S/O AVADHESH RAI R/O VILLAGESHAHPUR DIYARA, P.S- SONPUR, DISTT.- CHAPARA (SARAN) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Neeta Nancy Quadros, Advocate Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Dariyapur P.S. Case No. 36 of 2023 dated 24.01.2023 registered for the offence(s) punishable under Section(s) 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 336.96 litres of English wine and the same is stated to have been recovered from a Mahindra Merraz vehicle but the petitioner is neither owner nor driver of the said vehicle and at the time of recovery, he was present at the place of recovery merely as a bystander and when he denied to become

Patna High Court CR. MISC. No.18065 of 2023(2) dt.09-05-2023 2/2 witness of the alleged seizure at the request of the police, he was falsely roped in this case and nothing as alleged was recovered from his conscious possession. Further submissions are that the petitioner has been languishing in jail since 25.01.2023 having fair and clean antecedent and against him, the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him as well as his custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Dariyapur P.S. Case No. 36 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T