Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44153 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== ANIL RAI, aged about 28 years, Male, S/O Deoraj Rai @ Devraj Ray, R/O Village- Bhagwatpur, P.S. Vaishali, Distt. Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Anish Kumar, Adv.

For the Opposite Party :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Vaishali P.S. Case No. 138 of 2019 (G.R. No. 256 of 2019) for the offences alleged under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information of unloading illicit liquor near Kanya Chowk, the informant, along with other police officials, reached there and saw in front of the poultry farm liquor was being unloaded from a truck. On seeing the police party, the persons engaged in unloading the illicit liquor started to flee away, but, the police caught hold of Kira Ram, who disclosed the names of the four persons engaged in unloading the liquor. On search of truck 6201 liters of Indian made foreign liquor, kept in different bottles, recovered. He, further, disclosed that he use to meet the petitioner. The submission of the learned counsel for the petitioner is that petitioner was not apprehended on the spot nor

Patna High Court CR. MISC. No.44153 of 2019(2) dt.18-07-2019 2/2 the petitioner is resident of the village where occurrence has taken place and the petitioner has no criminal antecedent. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Vaishali P.S. Case No. 138 of 2019 (G.R. No. 256 of 2019) shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge II-cum-Special Judge, Vaishali at Hajipur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T