Ramswaroop Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73829 of 2018 Arising Out of PS. Case No.-88 Year-2017 Thana- MINAPUR District- Muzaffarpur ====================================================== Ramswaroop Rai Son of Ramlachhan Rai Resident of Village-Rampur,P.S. Hathauri,Distt.-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan For the Opposite Party/s :
Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Minapur P.S. Case No. 88 of 2017 for the offence under Section 272, 273 of the Indian Penal Code and Section 30 (a), 35, 38, 41 & 48 of Bihar Prohibition and Excise Act 2016. Learned counsel appearing on behalf of the petitioner submits that petitioner has no criminal antecedent. He further submits that name of the petitioner has been roped in the instant case as suspect. Nothing has been recovered from his conscious possession. He further submits that petitioner has no concern with trade of foreign liquor or he has no concern with the place where alleged recovery was made. The recovery was made from bamboo clump of Mahesh Sah.
Patna High Court Cr.Misc. No.73829 of 2018(2) dt.18-12-2018 2/2 Considering the fact that the petitioner has no criminal antecedent and the liquor was recovered from the bamboo clump of one Mahesh Sah, the Court is inclined to grant privilege of anticipatory bail, let the petitioner above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court of learned 3rd Additional Sessions Judge cum-Special Judge, Muzaffarpur, in connection with Minapur P.S. Case No. 88 of 2017, subject to the conditions as laid down under Section 438 Cr.P.C.
(Anil Kumar Upadhyay, J) T.Kr./- U T