Parmod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23013 of 2020 Arising Out of PS. Case No.-89 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== PARMOD RAI Son of Yadu Rai Resident of Village-Sukumarpur, P.S.- Raghopur, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2020 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Kumar Ranjit Ranjan, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner apprehends his arrest in connection with C-2A Case No. 89/2017 registered for the offence punishable under Section 30 (a) (d) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is that on the basis of secret information, Excise Officials constituted a raiding team and proceeded towards the place of occurrence and recovered 1200 Kilograms of Kinwich Jawa, 8 litres of country made liquor, and machine etc near the bank of river at the village-Sukumpura, Diara. It has further been alleged that upon seeing the raiding party, accused persons fled away from the place of occurrence.

Patna High Court CR. MISC. No.23013 of 2020(2) dt.25-09-2020 2/3

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of secret information. Learned counsel further submits that petitioner has got no criminal antecedents and on perusal of the FIR, it would be evident that illicit liquor has been recovered from the public place which is accessible to all and sundry. Learned counsel further submits that no liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him.

5. Thus, the submission is that upon perusal of the FIR and seizure no, prima facie, offence under the Excise Act is made out against the petitioner.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him and petitioner has got no criminal antecedents, I am inclined to grant anticipatory bail to the petitioner.

7. Accordingly, petitioner, PARMOD RAI shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.23013 of 2020(2) dt.25-09-2020 3/3 satisfaction of learned 2nd Additional Sessions Judge-II-cumSpecial Judge, Excise Court, Vaishali at Hajipur in connection with C-2A Case No. 89/2017, subject to the conditions as laid down under Section 438(2) CrPC.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T