Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53872 of 2021 Arising Out of PS. Case No.-79 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SANJAY RAI, S/O RAMJEE RAI RESIDENT OF VILLAGELALPOKHAR DIGHI (ADALPUR), P.S.- HAJIPUR SADAR, DISTRICTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-02-2022 Heard both the parties through through Video Conferencing.

The petitioner seeks bail in anticipation of his arrest in connection with Hajipur Sadar P.S. Case No. 79 of 2021, instituted for the offences under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that recovery of the liquor made from the house of co-accused and petitioner is not in any manner connected with the said recovery nor he was found at the place of occurrence, thus, this Court finds that Section 30(a) of the Excise Act would, therefore, not lie as against the petitioner. I have considered the submission. Taking into consideration the aforesaid facts, I am

Patna High Court CR. MISC. No.53872 of 2021(2) dt.18-02-2022 2/2 inclined to grant benefit of anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject the conditions as laid down under Section 438 (2) of the Cr.P.C. (Sanjeev Prakash Sharma, J) sanjeev/- U T