Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24706 of 2020 Arising Out of PS. Case No.-152 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.

Arvind Kumar Son of Late Seth Rai @ Setha Rai Resident of VillageDiwan Toke, P.S.- Ganga Bridge, Dist- Vaishali. 2.

Bhushan Rai @ Shashi Bhushan Rai Son of Sri Rai Resident of VillageDiwan Toke, P.S.- Ganga Bridge, Dist- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshul, Adv.

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

AG ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-10-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Gangabridge P.S. Case No. 152 of 2018, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on secret information having been received, a raid was conducted at the house of one Ballav Rai from where 405 litres of illicit liquor was recovered and an old copy was also recovered containing accounts and name of the other accused persons including the two petitioners herein.

Patna High Court CR. MISC. No.24706 of 2020(2) dt.14-10-2020 2/2 It is submitted by learned counsel for the petitioners that there is absolutely no material against the petitioners in the instant case. Admittedly, no recovery of any incriminating article has taken place from the possession of the petitioners who have no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case including the fact that the petitioners have no criminal antecedent, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Ganga Bridge P.S. Case No. 152 of 2018, they will be enlarged on bail on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 2nd-cum-Excise Court, Vaishali at Hajipur, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U