Upender Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54902 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- ATHMALGOLA District- Patna ====================================================== UPENDER RAI Son of Dwarika Rai @ Davarika Rai Resident of Village - Budhra, P.s.- Athmalgola, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

It is a case recovery of about 40 liters of country made wine from the plastic bag.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no liquor was recovered from the conscious or constructive possession of the petitioner and the name of the petitioner has figured on the basis of Chaukidar of the village. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.54902 of 2021(2) dt.13-04-2022 2/2 Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Athmalgola P.S. Case No. 53 of 2021/Special Case No. 2193 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T