Kameshwar Rai @ Kamlesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31632 of 2022 Arising Out of PS. Case No.-278 Year-2021 Thana- NADI P.S. District- Patna ====================================================== Kameshwar Rai @ Kamlesh Ray S/O Saryug Ray Resident Of Kripal Tola, Gadhochak, Fatwah, P.S.- Nadi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shadab Akhter For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 7 litres of country made liquor from the house of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that the recovery of the seizure was not made in front of any independent witness. It is also submitted

Patna High Court CR. MISC. No.31632 of 2022(2) dt.16-09-2022 2/2 that the petitioner was neither apprehended from the spot nor he was identified by anyone from the crowd and the seized illicit liquor does not belong to the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the meager quantity of illicit liquor, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Special Judge Excise, Patna City in connection with Nadi P.S. Case No. 278 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T