Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33581 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- MAHUA District- Vaishali ====================================================== RAJU RAI Son of Ram Gati Ray Resident of Village - Jahangirpur Salkhani, P.S.- Jahangirpur Salkhani, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== 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) and 41(i) of the Bihar Prohibition & Excise Act.

It is a case of recovery of English made wine from a truck.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no incriminating wine was recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot. Petitioner has got clean antecedent. He further submits that similarly situated co-accused has been granted anticipatory bail by this Court passed in Cr.

Patna High Court CR. MISC. No.33581 of 2022(2) dt.16-09-2022 2/2 Misc. No. 23259 of 2022.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, 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 thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.II, Vaishali at Hajipur in connection with Mahua P.S. Case No. 138 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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