Ram Pravesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18268 of 2019 Arising Out of PS. Case No.-519 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== RAM PRAVESH RAI aged about 23 years (Male), Son of Shatrudhan Ray Resident of Village- Kodariya, P.S.- Runisaidpur, District- Sitamarhi. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Narayan Mishra For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== 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 Pupri P.S. Case No. 519 of 2018 registered under Sections 272, 273 of the Indian Penal Code and Section 30(a), 38, 41 of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that as per prosecution version on a secret information that some persons are unloading illegal wine in the Bathan of one Bharat Mahto, when raid was conducted, the informant could see that 5-7 persons succeeded in fleeing away after seeking the police party from some distance. It is submitted
Patna High Court CR. MISC. No.18268 of 2019(2) dt.04-04-2019 2/3 that in the hut of Bharat Mahto one diary was recovered in which name of one Deepak Mishra was mentioned with his mobile number. Thereafter, from the orchard of one Rajaram Mahto, some illegal wine were recovered. Learned counsel submits that so far as this petitioner is concerned, nothing has been recovered from his place and his name has only been implicated on mere suspicion. Moreover, the coaccused Deepak Kumar Mishra whose name figures in the case diary along with other two accused persons have been granted privilege of anticipatory bail by learned coordinate Bench of this court in Cr. Misc. No. 13603/2019. 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 wherein nothing has been recovered from the house of this petitioner and his name has been brought in this case on mere suspicion, 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.
Patna High Court CR. MISC. No.18268 of 2019(2) dt.04-04-2019 3/3 learned A.D.J. IInd cum Special Judge, Excise Act, Sitamarhi, in connection with Pupri P.S. Case No. 519 of 2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J) Rajeev/- U T