Prem Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18293 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== Prem Rai, aged about 50 years (Male), Son of Hari Nandan Rai, Resident of Village- Didarganj, P.S.-Didarganj, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dr. Satyendra Kumar Srivastava For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Didarganj P.S. Case No. 28/2019/Spl. Case No. 946/2019 registered under Sections 30(a), 38(i), 37(c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that as per prosecution version on confidential information 2240 bottles of English wine were recovered from Lal Babu Rai and his wife Neelam Devi and one Murari Rai who were arrested at the spot. Petitioner's name has been disclosed by one Sintu Rai who was also arrested.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.18293 of 2019(2) dt.04-04-2019 2/3 that name of this petitioner has been disclosed by the coaccused Sintu Rai when he was arrested by the police but apart from that there is no other material to connect this petitioner with the present case. It is submitted that petitioner has no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case whereunder it is submitted that the name of this petitioner has been disclosed by the co-accused Sintu Rai when he was arrested by the police but apart from that there is no other material to connect this petitioner with the present case as also that petitioner has no other criminal antecedent of similar nature and nothing has been recovered from the house of this petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Didarganj P.S. Case No. 28/2019/Spl. Case

Patna High Court CR. MISC. No.18293 of 2019(2) dt.04-04-2019 3/3 No. 946/2019, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T