Jalandhar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44612 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== JALANDHAR RAI SON OF LATE DEVRATI RAI R/O VILLAGEPARAMJIVAR, P.S.- HATHAURI, DISTRICT- MUZAFFARPUR, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 420, 120(B) and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 4361.91 liter of liquor from a truck. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is neither the owner nor the driver of the alleged truck and his name transpired in the confessional

Patna High Court CR. MISC. No.44612 of 2022(2) dt.31-08-2022 2/2 statement of Mithilesh Mahto and Kamlesh Rai which has no evidentiary value.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Minapur P.S. Case No. 286 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T