Chandra Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24684 of 2020 Arising Out of PS. Case No.-327 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== CHANDRA KISHORE RAI S/o Late Rampravesh Ray @ Ram Pravesh Yadav Resident of Village-Jaisinghpur Chiutahi, P.S.-Turkaulia, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-10-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Turkauliya P.S. Case No. 327 of 2020 registered under sections 272, 273 and 34 of the Indian Penal Code and sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, while one accused was arrested, the petitioner managed to escape. It is further stated that on search, about 200 litres of country liquor was recovered from a drum, behind the house of the petitioner. It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place. In any case nothing has been recovered from the person or possession of the

Patna High Court CR. MISC. No.24684 of 2020(2) dt.14-10-2020 2/2 petitioner. The petitioner has no criminal antecedent and the only material against him is the confessional statement of the co-accused made before the police.The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the place of seizure as per the seizure list together with the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Turkauliya P.S. Case No. 327 of 2020, he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judgecum-Special Judge Excise, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T