Randhir Rai @ Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24410 of 2020 Arising Out of PS. Case No.-3 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== RANDHIR RAI @ RANDHIR KUMAR Son of Nunu Rai Resident of Village - Mohanpur Lanka Tola, Police Station - Raghopur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner apprehends his arrest in connection with Raghopur Police Station Case No. 03 of 2020, registered for the offences punishable under Sections 30 (a)/32(3) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police, on the basis of the secret information, raided the house of one Manish Kumar and recovered a total quantity of 19.035 litres of illicit liquor from the same. Upon seeing the police party, four persons fled away from the place of occurrence and the village chowkidar has identified the petitioner as one of them. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.24410 of 2020(2) dt.30-09-2020 2/3 petitioner has not committed any offence in the manner alleged and he has got no criminal antecedent. He further submits that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner and from perusal of the First Information Report and the seizure list, no prima facie case is made out under the provisions of the Excise Act against the petitioner.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, in the event of his arrest or surrender before the Court below within a period of six weeks from today, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Vaishali, at Hajipur, in connection with Raghopur Police Station Case No. 03 of 2020.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.24410 of 2020(2) dt.30-09-2020 3/3 bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √