Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27450 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- MANSURCHAK District- Begusarai ====================================================== Raj Kumar Rai, Son Of Late Maksudan Rai R/O Vill- Rupauli, P.S. - Saraiya, District - Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 120(B) of the I.P.C. and Section 30(a) of the Excise Act, 2016. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 693 litre of liquor from an orchard near Niranjan Thakur's orchard.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged place of recovery does not belong to the petitioner. It is next submitted that petitioner came to be

Patna High Court CR. MISC. No.27450 of 2022(2) dt.11-08-2022 2/2 implicated at the instance of local Chaukidar. It is further submitted that it appears that local Chaukidar falsely implicated the person with clean antecedent in order to save the real culprit. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mansoorchak P. S. Case No.18 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T