Anirudh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30931 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== ANIRUDH RAI Son of Dashrath Rai Resident of Village - Sandwara, P.S.- Bajpatti and District- Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Rabindra Kumar CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Apprehending his arrest in connection with Bajpatti P.S.Case No.35 of 2019 registered for the offence under Sections 272 and 273 of the Indian Penal Code and sections 30(a), 38 and 41 the of Bihar Prohibition and Excise Act, 2016 the petitioner has filed this application for grant of bail. As per the allegation in the F.I.R., on secret information having been received, the informant along with other police personnel managed to arrest two co-accused along with liquor. The two arrested accused persons are alleged to

Patna High Court CR. MISC. No.30931 of 2019(3) dt.24-07-2019 2/2 have named the petitioner in their confessional statement before the police. The petitioner has no criminal antecedent. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case specially the fact that petitioner's name has come on the basis of confessional statement of co-accused before the police, no recovery is said to have taken place from the petitioner and that the petitioner has got no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.D.J. II- cum - Special Judge, Excise Act, Sitamarhi, in Bajpatti P.S.Case No.35 of 2019 subject to the conditions as laid down under Section 438 (2) of Code of Criminal Procedure. (Partha Sarthy, J) Aks/- U