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Patna High CourtCR. MISC./31357/2018allowed

Anil Rai @ Anil Kumar v. The State Of Bihar

2018-06-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31357 of 2018 Arising Out of PS.Case No. -468 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Anil Rai @ Anil Kumar S/o Jagat Rai, R/o Vill.- Basauli, P.S.- Bochahan, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Excise Case No. 468 of 2017, registered for the offences punishable under Sections 30(a) and 38 of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged recovery of 488.52 of foreign liquor was made from the car and abandoned hut, which is evident from seizure list and the petitioner has no concern with the alleged recovery. The petitioner has falsely been implicated in this case due to some political rivalry. Nothing has been recovered

Patna High Court Cr.Misc. No.31357 of 2018 (2) dt.06-06-2018 2/2 from the conscious possession of the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III-cum-Special Judge, Excise Act, Muzaffarpur, in connection with Excise Case No. 468 of 2017, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T