Devanand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28745 of 2019 Arising Out of PS. Case No.-191 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Devanand Rai, aged about 40 years, Hindu Male, Son of Late Rajendra Rai, Resident of Village - Dumari Majhauli Khatal, Khabara, P.S.- Sadar, DistrictMuzaffarpur, at Present residing at Village - Barmatpur, P.S.- Sadar, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Submission is that there is no recovery from the conscious possession of the petitioner, nor the petitioner was found present at the place.

Learned counsel further stated that the recovery of liquor from Dumari Pokhar not from the petitioner house that too without having any sum and substance as well as any legal

Patna High Court CR. MISC. No.28745 of 2019(3) dt.22-07-2019 2/2 evidence as against the petitioner. From perusal of FIR as well as seizer lists in which the informant had made raid at different village and places which are situated on far distance but for the different cause of action the informant has lodged one FIR with seizer lists. The petitioner has clean criminal antecedent. 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 bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Sadar P.S. Case No. 191 of 2019, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T