Dr. Amarjeet Rai @ Amarjit Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17972 of 2020 Arising Out of PS. Case No.-164 Year-2019 Thana- AWTARNAGAR District- Saran ====================================================== Dr. Amarjeet Rai @ Amarjit Ray S/o Jugul Ray @ Yugul Ray Resident of Village-Santha, P.S.-Awatar Nagar, District-Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
08-07-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Awtar Nagar P.S. Case No. 164 of 2019 registered for the offence under Sections 188/272/273/308/34 of the Indian Penal Code and Sections 30/30(A)/38 of Bihar Prohibition and Excise Act, 2016. As per F.I.R., there is recovery of 25 liters & 200 ml. of foreign liquor.
It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. Nothing has been recovered from the possessions of petitioner. Name of petitioner has come only on the basis of fact that he had sent his nephew to purchase some medicines on his motorcycle, since he is a veterinary doctor, but on the way, the police arrested his nephew
Patna High Court CR. MISC. No.17972 of 2020(2) dt.08-07-2020 2/2 and motorcycle of petitioner was also seized. Petitioner has no concern with the alleged recovery of liquor and he has no criminal antecedent.
Considering the aforesaid facts and circumstances, the bail application is allowed.
In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge, Excise, Saran in connection with Awtarnagar P.S. Case No. 164 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Singh, J.) anay U T