Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57890 of 2021 Arising Out of PS. Case No.-397 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== DHARMENDRA RAI S/o Late Wakil Rai R/o village- Pojhi, P.S.- Derni, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2022 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, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2018. It is a case recovery of about 2590 liters of illicit liquor/spirit from a truck.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no recovery of any incriminating article from the conscious or constructive possession of the petitioner, the name of the petitioner has transpired on the basis of some villagers, the petitioner has no concern with the seized spirit and petitioner has not been apprehended at the spot.

Patna High Court CR. MISC. No.57890 of 2021(2) dt.26-04-2022 2/2 Petitioner has got clean antecedent.

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, Saran in connection with Dariyapur P.S. Case No. 397 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