Ram Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34077 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

RAM BABU RAI Son of Yogi Rai 2.

Sunil Kumar @ Sunil Rai Son of Paltoo Rai Both the petitioners are resident of Village - Morsandi, P.S.- Motipur, Distt.- Muzffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-03-2021 Heard Mr. Bhavesh Kumar, learned counsel for the petitioners and the learned A.P.P.

Learned counsel for the petitioners submits that petitioner No.2, Sunil Kumar @ Sunil Rai has already been arrested and, therefore, the anticipatory bail on his behalf has become infructuous.

Accordingly, the anticipatory bail petition of petitioner No.2 (Sunil Kumar @ Sunil Rai) is dismissed as has become infructuous.

Heard both sides.

The petitioner No.1 apprehends his arrest in Motipur P.S. Case No.69 of 2020 registered under Sections 30(a) and

Patna High Court CR. MISC. No.34077 of 2020(2) dt.15-03-2021 2/2 41(1)(2) of Bihar Prohibition and Excise Act. The learned counsel for the petitioners submits that recovery of 12.390 litres of foreign liquor was made from the field situated behind the house of the petitioner No.1. Petitioner No.1 has got no criminal antecedent. For the recovery from the open field, the petitioner No.1 cannot be held responsible. Taking into consideration the facts that recovery is made from the field situated behind the house of the petitioner No.1 and not from the house of the petitioner No.1 and it cannot be ruled out that anybody can put the gunny bag in the field situated behind the house of the petitioner No.1 and the fact that petitioner No.1 has got no criminal antecedent, let the petitioner No.

1, above named, in the event of his arrest or surrender within a period of four weeks 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 learned Special Judge, Excise, Muzaffarpur in connection with Motipur P.S. Case No.69 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.