Lalan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43142 of 2021 Arising Out of PS. Case No.-162 Year-2017 Thana- JANTA BAZAR District- Saran ====================================================== LALAN RAI Son of Late Gulab Rai Resident of Village- Lauwa, P.S.- Ishuapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh, Advocate Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Ms. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-05-2022 For the reason of this case not having been taken up even once for a year, a priority hearing has been given in this matter.

Heard Mr. Vikram Deo Singh, learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Janta Bazar P.S. Case No. 162 of 2017 dated 17.10.2017 instituted for the offences under Sections 272, 273 and 308 of the Indian Penal Code and under Sections 30(a)/41 of the Bihar Prohibition & Excise Act, 2016.

The prosecution report indicates that on secret information received by the police that seven persons, including the petitioner, are dealing in liquor, a raid was conducted and 2600 litres of spirit was recovered. Two persons were found to be

Patna High Court CR. MISC. No.43142 of 2021(2) dt.12-05-2022 2/2 running away from the place of raid, one of whom has been granted bail by this Court.

The learned counsel for the petitioner has submitted that his implication in this case is only on the basis of secret information to the police that he is also involved in the purchase and storage of liquor which the petitioner denies. In support of his contention, the only ground which has been raised is that the petitioner does not have criminal antecedents and that his accusation is based on guess-work only.

Considering the afore-noted submission, the prayer for grant of anticipatory bail is allowed.

The petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judgecum-Special Judge; Excise Act; Saran at Chapra in connection with Janta Bazar P.S. Case No. 162 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T