Motilal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25106 of 2020 Arising Out of PS. Case No.-95 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== 1.

MOTILAL RAI S/o Late Rampadarath Rai Resident of Village-Gadha Hasan, P.O.-Paroo, District-Muzaffarpur.

2.

Manish Rai @ Raj Manish Kumar S/o Moti Lal Rai Resident of VillageGadha Hasan, P.O.-Paroo, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of Motilal Rai petitioner no. 1, as during pendency of this case, petitioner no. 1 has already been arrested.

Prayer is allowed. The anticipatory bail petition of petitioner no. 1 is dismissed as withdrawn having become infructous.

Heard both parties.

This matter is taken up for consideration through

Patna High Court CR. MISC. No.25106 of 2020(2) dt.16-10-2020 2/3 Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner no. 2 apprehends his arrest in Paroo P.S. Case No. 95 of 2020, registered for the offence punishable under Section 30, 30(a)(c), (d), 33, 36 of the Bihar Prohibition and Excise Act.

3.750 litres of foreign liquor is said to have been recovered from the house of petitioners.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. Petitioner no. 2 has got clean antecedent as stated in para 3 of the bail petition. Considering the facts aforesaid, Manish Rai @ Raj Manish Kumar petitioner no. 2 above-named in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Special Judge, Excise Act, Muzaffarpur in connection with Paroo P.S. Case No.

Patna High Court CR. MISC. No.25106 of 2020(2) dt.16-10-2020 3/3 95 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T