Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48188 of 2022 Arising Out of PS. Case No.-77 Year-2021 Thana- JURAWANPUR District- Vaishali ====================================================== Sanjay Rai Son Of Kandoma Rai Resident Of Village - Vishunpur Saidabhi, P.S.- Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 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 272, 273 of Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 4 litres of country made liquor from the Gumti of Vishwanath Ram.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. It is also submitted that petitioner has no concern either with the place of seizure or

Patna High Court CR. MISC. No.48188 of 2022(2) dt.11-11-2022 2/2 with the seized illicit liquor. The name of the petitioner came in light on the basis of confessional statement of coaccused Vishwanath Ram. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, considering the meagre quantity of recovery of illicit liquor, 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 Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2-cumAdditional District & Sessions Judge, Vaishali, Hajipur in connection with Jurawanpur P.S. Case No. 77 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T