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Patna High CourtCR. MISC./40388/2023bail granted

Kaushal Rai v. The State Of Bihar

2023-07-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40388 of 2023 Arising Out of PS. Case No.-277 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== KAUSHAL RAI SON OF BALESHWAR RAI Resident of Village- Lal Pokhar Dighi, PS- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

Allegation is of recovery of 148.125 litres of liquor from the bathroom of Siyaram Rai.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession, even the alleged recovery is from a place which does not belong to the petitioner and he does not have any concern with Siyaram Rai and petitioner came to be implicated at the instance of the

Patna High Court CR. MISC. No.40388 of 2023(2) dt.03-07-2023 2/2 Chawkidar with whom he is on an inimical term. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur Sadar P.S. Case No. 277 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T