Mantu Rai @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18244 of 2020 Arising Out of PS. Case No.-579 Year-2019 Thana- BARH District- Patna ====================================================== Mantu Rai @ Mantu Kumar Son of Ramji Ray Resident of Village - Pachhiyari Malahi, P.S.- Barh, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barh P.S. Case no.579 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on information having been received, a raid was conducted and 215 litres of country liquor is stated to have been recovered from the hutment of one Rudal Rai. It is further stated that 7 named accused persons including Rudal Rai, Saroj Rai as also the petitioner herein managed to escape.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from the possession of

Patna High Court CR. MISC. No.18244 of 2020(2) dt.12-06-2020 2/2 the petitioner. He has no criminal antecedent. It is further submitted that co-accused Rudal Rai has been enlarged on anticipatory bail vide order dated 11.6.2020 passed in Cr.Misc.no.13968 of 2020 and co-accused Saroj Rai has been enlarged on anticipatory bail vide order dated 29.2.2020 passed in Cr.Misc.no.8363 of 2020.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has no criminal antecedent and grant of bail to the co-accused, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Barh P.S. Case no.579 of 2019, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna, subject to the conditions as laid down in section 438(2) of the Cr.P.C. Bibhash/- (Partha Sarthy, J) U T