← Library
Patna High CourtCR. MISC./21184/2017bail granted

Mani Bhushan Rai v. The State Of Bihar

2017-07-10Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21184 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -AMNAUR District- SARAN ====================================================== Mani Bhushan Rai Son of Bhuti Rai @ Nageshwar Rai, Resident of Village- Madhubani, Police Station- Amnour, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Basant Kumar Singh For the Opposite Party/s : Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-07-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Amnour P.S. Case No. 18 of 2017 for the offences punishable under sections 30 and 41 of the Bihar Prohibition and Excise Act, 2016.

Allegedly, the informant and other police personnel received confidential information that the petitioner with assistance of Hira Rai, is indulged in dealing liquor and accordingly, raid was conducted, but both succeeded in fleeing away and from Dalan of Hira Rai, 34.9 litres country made liquor was recovered.

Submission is of false implication and that nothing

Patna High Court Cr.Misc. No.21184 of 2017 (2) dt.10-07-2017 2/2 has been recovered from the house/premises of the petitioner. The petitioner has been made victim of the circumstances, he has got no concern with Hira Rai, he without any fault is being harassed and as such, he deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering that nothing has been recovered from the possession of the petitioner or his premises and as such, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge-cum-6th Additional Sessions Judge, Saran at Chapra in connection with Amnour P.S. Case No. 18 of 2017, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Mahesh/- U T