Binod Rai @ Vinod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31966 of 2016 Arising Out of PS.Case No. -162 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Binod Rai @ Vinod Kumar, son of Ram Surat Rai, resident of villageBasuchak, P.S.- Saraiya, District-Muzaffarpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bela Singh, Adv. For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-08-2016 Heard Smt. Bela Singh, learned counsel for the petitioner and Sri Ramchandra Singh, learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Saraiya P.S. Case No.162/16 registered for the offence under Section 47A of Bihar Excise Act, 2016, has prayed for grant of anticipatory bail.
It was submitted by learned counsel for the petitioner that on false accusation, the petitioner has been made accused. It was submitted that on accusation of recovery of three bottles containing 180 ml each of foreign liquor from the hotel of the petitioner, he has been made accused. She submits that nothing has been recovered from the possession of the petitioner and
Patna High Court Cr.Misc. No.31966 of 2016 (2) dt.30-08-2016 2/2 falsely the petitioner was implicated.
Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail of the petitioner. However, keeping in view the nature of accusation, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, let the petitioner, namely, Binod Rai @ Vinod Kumar, in the event of his arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Muzaffarpur West in connection with Saraiya P.S. Case No.162/16, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T