Patna High CourtCR. MISC./488/2021allowed

Phool Babu Ray v. The State Of Bihar

2021-09-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.488 of 2021 Arising Out of PS. Case No.-389 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== PHOOL BABU RAY Son of Ram Dayal Ray Resident of Village - Vyaspur, P.S.- Tajpur (Halai O.P.), Distt.- Samstipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tajpur (Halai O.P.) P.S. Case No. 389 of 2020 for the offence punishable under Sections 30(a) of Bihar Prohibition Excise Act, 2016.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioner, which is evident from the seizure list itself. The petitioner has no concern with the alleged recovery. Hence, the petitioner may be granted the privilege of anticipatory

Patna High Court CR. MISC. No.488 of 2021(3) dt.13-09-2021 2/2 bail.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his arrest or surrender before the court below within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District Judge -cum- Special Judge (Excise Act), Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No. 389 of 2020 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T