Krishna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36574 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== Krishna Rai, Son of Rupnandn Rai, Resident of Village - Sadha Dumbar Pani Tanki, P.S.- Motipur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner, in the present case, is seeking anticipatory bail in connection with Motipur P.S. Case No. 167 of 2019 registered for the offences punishable under Sections 30(a), 38(1)(2) and 41(1)(2) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the illicit liquor has been recovered from the house of one Mohan Rai with whom this petitioner has no relationship. The petitioner is not even a co-villager of the said Mohan Rai and he has got clean antecedent. Learned counsel further submits that the petitioner has been falsely implicated in this case by making an allegation that the illicit liquor was brought to the house of Mohan Rai by this petitioner. It is further submitted that when

Patna High Court CR. MISC. No.36574 of 2019(2) dt.12-06-2019 2/2 the police raided the house of Mohan Rai, this petitioner was not found there and as such there is no prima-facie material to support the allegations against the petitioner. Learned APP for the State is present and has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case where the petitioner who has no criminal antecedent has been involved only by alleging that he had brought the illicit liquor to the house of Mohan Rai, but the fact remains that there is no allegation of his being there in the house of Mohan Rai and the recovery has not been made from the house of the petitioner, let in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen 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. 167 of 2019, subject to the condition prescribed under Section 438(2) of the Cr.P.C.

arvind/- (Rajeev Ranjan Prasad, J) U T