Patna High CourtCR. MISC./22527/2020allowed

Rajesh Prasad v. The State Of Bihar

2020-09-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22527 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- PAKRIDAYAL District- East Champaran ====================================================== Rajesh Prasad Son of Yodha Prasad @ Ayodhya Bhagat Resident of MohallaWard No. 13 Majhar Amawa Tola, P.S.- Pakridayal, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-09-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Pakridayal P.S. Case No. 08 of 2020 for the offence under section30(a) of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner would submit that nothing was recovered from the possession of the petitioner. He further submits that the petitioner is a shopkeeper and he has no concern with the trade of liquor. He further submits that liquor was seized from the house of Vinay Singh and not from the house of this petitioner.

Considering the fact nothing was recovered from the possession of this petitioner, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named

Patna High Court CR. MISC. No.22527 of 2020(2) dt.04-09-2020 2/2 above, in the event of arrest or surrender before the court below within a period of four weeks from the date of communication of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excie Act, East Champaran, Motihari, in connection with Pakridayal P.S. Case No. 08 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C. with further condition that the petitioner shall deposit Rs. 50000/- cash to the court below and the amount deposited by the petitioner shall abide by final outcome of the pending criminal case. (Anil Kumar Upadhyay, J) Ravi/- U T