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Patna High CourtCR. MISC./51220/2021allowed

Basant Rai v. The State Of Bihar

2022-04-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51220 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- GUTHANI District- Siwan ====================================================== BASANT RAI SON OF JANGBAHADUR RAI Resident of Village - Guthani, P.s.- Guthani, Distt.- Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-04-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Guthani P.S. Case No. 143 of 2020 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. Petitioner is although the registered owner of the vehicle but he had sold it to the accused Dinesh Singh on 15.06.2020 vide Annexure-2. It is further submitted that the accused who was apprehended

Patna High Court CR. MISC. No.51220 of 2021(2) dt.08-04-2022 2/2 on the spot has not said anything about involvement of the petitioner in the alleged crime. Petitioner has no concern with the seized illicit liquor. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing of his personal bond to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Guthuni P.S. Case No. 143 of 2020 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T