Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28411 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== ARUN RAI S/o Late Chirai Rai R/o village- Rupganj, P.S.- Chapra Town, Distt.- Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 188, 120(B), 34 of the Indian Penal Code and Section 30 (a), 38, 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case as lodged by the police personnel is that on secret information the police conducted a raid and arrested two persons and recovered 2682.36 litres of foreign liquor while others managed to escaped away. Accordingly, a seizure list was prepared.

It has been submitted on behalf of the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that the name of the

Patna High Court CR. MISC. No.28411 of 2019(3) dt.17-07-2019 2/2 petitioner has been disclosed on the confessional statement of co-accused Salauddin and Sushil before the police. He further submits that co-accused on similar allegation has been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 7742 of 2019 on 04.04.2019.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 6th Additional District Judge-Saran at Chapra in connection with Town (Nagar) Police Station Case No. 11 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T