Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52072 of 2021 Arising Out of PS. Case No.-231 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== MUKESH RAI Son of Naresh Rai @ Nagendra Ray Resident of Village - Motichhapra, Lalu Chhapra, P.S.- Paroo, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Vandana For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 16-02-2022 Heard both the parties through video conferencing. The petitioner seeks bail in anticipation of his arrest in connection with Paroo P.S. Case No.231 of 2020 instituted for the offences under Sections 30, 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that neither the petitioner was present at the sight nor the vehicle belongs to him. The vehicle was standing outside the house of one Ajay Rai. Learned counsel submits that case under section 30(A) of the Excise Act is therefore not made out.

I have considered the submission.

Taking into consideration the aforesaid aspect and considering section 30(A) of the Excise Act is prima facie not

Patna High Court CR. MISC. No.52072 of 2021(2) dt.16-02-2022 2/2 made out against the petitioner, I am inclined to grant benefit of anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjeev Prakash Sharma, J) amit/- U T