Ramnath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37609 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -VIDYAPATINAGAR District- SAMASTIPUR ======================================================

1. Ramnath Rai, son of Bauyelal Rai, R/o Village- Sothgama, P.S.- Vidypathinagar, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Choudhary Shyam Nandan, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Vidyapatinagar P.S. Case No.18 of 2017 instituted for the offence under Section(s) 272, 273 Indian Penal Code, Section 30-A, 35-A, 38(i) and (ii) of the Bihar Prohibition & Excise Act, 2016. Counsel for the petitioner has submitted that the alleged recovery was made from the house of Amrit Sah, who took name of this petitioner stating that liquor is purchased from the finance given by this petitioner and another person, Manish Rai.

It has been submitted that co-accused, Manish Kumar Roy @ Manish Roy, has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 13.04.2017

Patna High Court Cr.Misc. No.37609 of 2017 (8) dt.13-11-2017 2/2 passed in Cr. Misc. No.17231 of 2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with in Vidyapatinagar P.S. Case No.18 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, VI, Samastipur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T