Shyam Bihari Rai @ Shyam Bihari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23411 of 2022 Arising Out of PS. Case No.-642 Year-2021 Thana- SONEPUR District- Saran ====================================================== SHYAM BIHARI RAI @ SHYAM BIHARI Son of Late Hari Rai Resident of Village - Baburbani, P.s.- Sonepur, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== 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 virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41(i) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and allegation is of recovery of 300 liters of liquor from 2 bhattis near river Ganga. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is further submitted that even the bhattis do not belong to the petitioner and because of his antecedents, he came to be implicated by local people who were grazing their cattle at the place of

Patna High Court CR. MISC. No.23411 of 2022(2) dt.05-08-2022 2/2 occurrence. It is further submitted that it is alleged that the name of the petitioner was disclosed by local people but the F.I.R. does not even remotely suggest the name of the people who were present at the place of occurrence and disclosed the name of the petitioner.

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. 25,000/- (Rupees Twenty Five 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 Sonepur P.S. Case No. 642 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T