Ramesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31598 of 2022 Arising Out of PS. Case No.-904 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ramesh Rai S/O Late Raghunath Rai Resident Of Village- Dharhara, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== 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 Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 167.40 litres of Indian made Foreign Liquor from a pick-up van. One Santosh Kumar @ Anshu was apprehended who disclosed the name of the petitioner as a person who fled away from the place of seizure.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.31598 of 2022(2) dt.16-09-2022 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Although the petitioner is owner of the pick-up van but that pick-up van is used for commercial purpose and it has been handed over by the petitioner to his son Sonu Kumar Rai @ Prashant Kumar for his livelihood and thereafter the petitioner had no concern with the alleged seized pick-up van. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Considering the aforesaid stated facts, 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 Exclusive Special Excise Court NoI-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.

Patna High Court CR. MISC. No.31598 of 2022(2) dt.16-09-2022 3/3 904 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