Rajiv Ranjan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29233 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== Rajiv Ranjan Tiwari S/o Shyamjee Tiwari R/o Village - Basaon Kala, P.S. - Sikraul, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Govt. Official Complaint Case no. 99(o) of 2022 instituted for the offence under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 3.22 liters illicit India Made Foreign Liquor from the motorcycle which is allegedly belongs to the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. Petitioner has no concern with the

Patna High Court CR. MISC. No.29233 of 2022(2) dt.04-11-2022 2/2 alleged recovery or with the place of occurrence. It is further submitted that the petitioner had already sold his motorcycle to one Brikeshh Kumar Pandey which is mentioned in para 6 of the petition. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that the recovered liquor is meagre quantity, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Govt. Official Complaint Case No. 99(o) of 2022 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.2, Buxar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U