Raj Kumar Rai @ Raj Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34536 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Raj Kumar Rai @ Raj Kumar Ray S/O Sanjay Ray R/O Village- Kodwara, P.S.-Sahiyara, Dist.-Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehend his arrest in connection with Sitamarhi P.S. Case No. 11 of 2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

As per prosecution case, 93 liters Nepali liquor was recovered from the house of the co-accused Manoj Kumar and he told the police that he had given the said room to the petitioner and another co-accused on rent.

Learned counsel for the petitioner submits that petitioner is a student who had taken the room at rent from the co-accused Manoj Kumar and he left the room before the date of the incident because of misbehavior by the landlord

Patna High Court CR. MISC. No.34536 of 2023(2) dt.21-07-2023 2/2 Manoj Kumar. It is further submitted that he is innocent and has committed no offence. No incriminating article has been recovered from the possession of the petitioner and he has no concern with seized illicit liquor. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, and submissions of learned counsel for the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the Exclusive Special Excise Court No. II, Sitamarhi in connection with Sitamarhi P.S. Case No. 11 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) shweta/- U T