Saroj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31653 of 2022 Arising Out of PS. Case No.-185 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== Saroj Rai S/O Late Banaras Rai Jafrabad, P.S-Raghopur (Rustampur O.P), District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== 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 272, 273, 414 of the Indian Penal Code and Sections 30(a), 30(d) of the Bihar Prohibition & Excise Act.

There is recovery of 110 litres of country made liquor from the south side of the bank of Ganga river. Local Chowkidar identified 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.31653 of 2022(2) dt.16-09-2022 2/2 petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The place of seizure is an open place with accessibility to all. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, 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 Special Judge Excise, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 185 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