Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53443 of 2021 Arising Out of PS. Case No.-305 Year-2020 Thana- BRAHMPURA District- Muzaffarpur ====================================================== SUNIL RAI son of Yogendra Rai Resident of Village - Krishna Toli, P.S.- Brahampura, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Brahampura P.S. case No.305/2020 registered under Sections 30(c) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 450 pieces of empty bottles, 7 bags of empty bottles and 12 liters acid are recovered from the scrap shop.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.53443 of 2021(2) dt.29-11-2021 2/2 petitioner. The petitioner has falsely been implicated in this case. It is alleged that 450 pieces of empty bottles, 7 bags of empty bottles and 12 liters acid are recovered from the scrap shop. The scrap shop in question used to run on the land of the petitioner. The petitioner is not the owner of scrap shop in question. There is no recovery of liquor from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Brahampura P.S. case No.305/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T