Anirudh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23614 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== ANIRUDH RAI S/o Dashrath Rai Resident of Village- Sandwara, P.S.- Bajpatti, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-09-2020 Heard Mr. Vijay Kumar, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Bajpatti P.S. Case No. 42 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that the Police on getting secret information that the petitioner has kept illicit liquor in his field proceeded towards the place of occurrence and recovered a total quantity of 99.615 litres of illicit liquor

Patna High Court CR. MISC. No.23614 of 2020(2) dt.15-09-2020 2/3 from the field situated at the northern side of the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as no illicit liquor has been recovered from his conscious possession and from perusal of the First Information Report and the seizure list, it would be evident that the same has been recovered from open field which is accessible to all and sundry. Learned counsel for the petitioner also submits that the petitioner has got no criminal antecedent and he is in custody since 01.05.2020. Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that the petitioner has got no criminal antecedent and no illicit liquor has been recovered from his conscious possession, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.23614 of 2020(2) dt.15-09-2020 3/3 District & Sessions Judge-II-cum Special Judge (Excise) Sitamarhi, in connection with Bajpatti P.S. Case No. 42 of 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) S.Ali/- U T