Sunil Rai @ Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28569 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== Sunil Rai @ Sunil Kumar Yadav, Son Of Late Bahadur Rai @ Ram Bahadur Resident Of Village - Chakaram, P.S.- Budha Colony, District - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 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 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 16.125 litre of liquor from a plastic sack from the place of occurrence.

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 and even the alleged place from where the recovery was made does not belong to the petitioner and he came to be implicated on the statement of local

Patna High Court CR. MISC. No.28569 of 2022(2) dt.12-08-2022 2/2 people, but the F.I.R. does not disclose the name of any local people.

The learned Additional Public Prosecutor opposes the anticipatory 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 from today, 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 learned Court below where the case is pending in connection with Buddha Colony P. S. Case No.15 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