Patna High CourtCR. MISC./30300/2022bail granted

Nagendra Rai v. The State Of Bihar

2022-09-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30300 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== NAGENDRA RAI Son of Late Jamun Rai R/o Village - Karnpura, P.S.- Ganga Bridge, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-09-2022 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 Ganga Bridge P.S. Case no. 163 of 2021 instituted for the offence under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 20 litres of country made liquor from a banana clump.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or with the place of occurrence. Neither the petitioner was arrested nor any incriminating article has been recovered from his

Patna High Court CR. MISC. No.30300 of 2022(2) dt.02-09-2022 2/2 conscious possession.

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

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, 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 Ganga Bridge P.S. Case no. 163 of 2021, 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 Exclusively Special Excise Court no. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U