Jitendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52833 of 2021 Arising Out of PS. Case No.-129 Year-2021 Thana- MAKER District- Saran ====================================================== JITENDRA RAI SON OF CHANDESHWAR RAI R/O VILLAGEFULWARIYA, P.S.- MAKER, DISTRICT- SARAN (CHAPRA) ... Petitioner

Versus

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

For the Petitioner :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-02-2022 Heard the parties through video conferencing. The petitioner seeks bail in anticipation of his arrest in connection with Maker P.S. Case No. 129 of 2021 instituted for the offences under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel submits that on the basis of suspicion that the petitioner is a partner of the concerned person from whom the liquor was recovered, he is being sought to be made an accused. Learned counsel submits that neither the petitioner was present at the site nor the agriculture field belongs to the petitioner.

Taking into consideration over all aspects and that ex facie case under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016, is not made out, I am inclined to grant benefit of anticipatory bail to the petitioner and in the event of

Patna High Court CR. MISC. No.52833 of 2021(2) dt.18-02-2022 2/2 arrest he shall be released on bail subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code.

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