Rizwan Sai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39671 of 2022 Arising Out of PS. Case No.-266 Year-2022 Thana- OBRA District- Aurangabad ====================================================== RIZWAN SAI Son of Nejami Sai Resident of Village - Obra Kali Sthan, Kaligali, Police Station- Obra, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018. It is a case of recovery of only three liters of foreign liquor in a sand ditch.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot. He further submits that meagre quantity of liquor has been recovered.

Patna High Court CR. MISC. No.39671 of 2022(2) dt.23-09-2022 2/2 Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions as well as the fact that meagre quantity of liquor has been recovered, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-cum-Special Judge Excise-II, Aurangabad in connection with Obra P.S. Case No. 266 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U