Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56459 of 2021 Arising Out of PS. Case No.-252 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== VIJAY RAI Son of Shambhu Rai Resident of Village- Roopganj, P.S.- Chapra Town, District- Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2022 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 Sections 30(a), 41(i), (ii) of the Bihar Prohibition and Excise Act, 2018. It is a case of recovery of about 180 liters of country made wine from a tempo which was being plied at the time of occurrence by co-accused Pankaj Kumar and he disclosed the name of this petitioner who apprehended on spot. 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, petitioner has no concern with the said Tempo and he has not been apprehended

Patna High Court CR. MISC. No.56459 of 2021(2) dt.20-04-2022 2/2 at the spot.

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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Chapra, DistrictSaran in connection with Chapra Town P.S. Case No. 252 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