Shyam Narayan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38231 of 2023 Arising Out of PS. Case No.-165 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== SHYAM NARAYAN RAI S/O KUBER NATH RAI R/O VillagePurushottampur, PS. Sahpur (Barohanpur), Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 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 offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with two antecedents and allegation is of recovery of 1.5 liters of liquor from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that on account of dispute with his agnates the petitioner has been implicated in the aforesaid two cases when petitioner is an army man and is posted in Jammu and Kashmir.

Patna High Court CR. MISC. No.38231 of 2023(2) dt.26-06-2023 2/2 The learned counsel next submits that even the house from which the alleged recovery was made is a joint family property as such, it cannot be alleged with certainty that it was the petitioner who had kept the liquor in the house or the liquor kept in the house was within his knowledge.

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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shahpur (Barohanpur) P.S. Case No. 165 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Adnan/- U T