Patna High CourtCR. MISC./28185/2020bail granted

Arun Rai v. The State Of Bihar

2020-12-08Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28185 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Arun Rai, aged about 33 years, male, Son of Late Shiyalal Rai, Resident of Village- Bhagwanpur, P.S.- Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2020 Heard Mr. Amit Kumar Jha, learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Motipur P.S. Case No. 65 of 2020, dated 19.03.2020, instituted for the offences under Sections 30(a) and 41(1) (2) of the Bihar Prohibition and Excise Act, 2016.

Though a huge quantity of liquor has been

Patna High Court CR. MISC. No.28185 of 2020(3) dt.08-12-2020 2/3 recovered from a truck, which is stated to have been commissioned by the petitioner, but the aforesaid information has been derived only on the tip off to the police and on the statement of one arrested accused person, namely, Vinod Kumar.

Apart from above, there is no other allegation against the petitioner and he has clean antecedents. Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Motipur P.S. Case No. 65 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

However, it is made clear that if the petitioner shall be made accused in any case of similar nature, the Investigating Officer of this case would be under an

Patna High Court CR. MISC. No.28185 of 2020(3) dt.08-12-2020 3/3 obligation to move for cancellation of his anticipatory bail. (Ashutosh Kumar, J) Praveen-II/- U T