Ramesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11372 of 2018 Arising Out of PS. Case No.-187 Year-2017 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Ramesh Rai S/o Late Hare Kishun Rai, R/o Village- Dashara Balu Par, P.S.- Mohanpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anita Kumari Singh For the Opposite Party/s :

Mr. SATYA NAND SHUKLA ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Mohiuddin Nagar P.S. Case No. 187 of 2017 registered for the offence punishable under Sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of about 8 litres of illicit liquor from one Khana Khajana Hotel and two persons were apprehended who disclosed that the liquor was being supplied by the petitioner herein.

It is submitted by the learned counsel for the petitioner that neither any recovery has been effected from the conscious possession of the petitioner nor the hotel belongs to the

Patna High Court Cr.Misc. No.11372 of 2018(2) dt.27-02-2018 2/2 petitioner. The petitioner is said to be having a clean antecedent. Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 187 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T