Shivnath Rai @ Shivnath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46879 of 2021 Arising Out of PS. Case No.-596 Year-2020 Thana- SONEPUR District- Saran ====================================================== Shivnath Rai @ Shivnath Ray Son Of - Late Sakaldeep Rai Resident Of Village - Rahar Diara, P.S. Sonpur, District - Saran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/38/41/47 of the Bihar Prohibition and Excise Act.

Foreign liquor was recovered from the poultry form of the petitioner.

Submission is that the poultry form belong to the

Patna High Court CR. MISC. No.46879 of 2021(2) dt.21-12-2021 2/3 joint family. The petitioner has got no criminal antecedent. The worker at the poultry form might have committed the aforesaid mischief without knowledge of the petitioner and others. Co-accused Rohit Rai @ Rohit Kumar son of the petitioner has already been allowed anticipatory bail by a coordinate Bench of this Court.

Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sonepur P.S. Case No. 596 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.46879 of 2021(2) dt.21-12-2021 3/3 (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T