Jitendra Rai @ Jitendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21349 of 2022 Arising Out of PS. Case No.-456 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== JITENDRA RAI @ JITENDRA RAY Son of Tufani Rai @ Tufani Ray Resident of Mohalla - East Dahiyawan, Police Station- Chapra Town, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankur Prakash Sinha, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, A.P.p.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of 250 litre of liquor from an auto.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.21349 of 2022(2) dt.05-08-2022 2/2 recovered from his conscious possession. He further submits that even the auto does not belong to the petitioner and his name transpired in the confessional statement of co-accused Manoj Kumar Patel who is said to be the driver of the alleged auto which has no evidentiary value.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chapra Town P.S. Case No. 456 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T