Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47985 of 2022 Arising Out of PS. Case No.-552 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== VIJAY RAI Son of Late Brahmdeo Rai Resident of village - Mohanpur, P.S.- Sakra, district - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Prakash Sharma, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 308, 328 and 34 of the Indian Penal Code read with Sections 30(a) (c), 36 and 41 of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 35 litres liquor, one litre liquid chemical, 200 grams of saaf fungicide powder, 100 gm Antacol powder, 1500 litres semi-prepared jaggery solution from Pilkhi Gajpati Dhab along with 20 litres liquor and 1000 liquor jaggery solution from the Dadaul Dhab, further the jaggery solution was destroyed at the spot.

Patna High Court CR. MISC. No.47985 of 2022(2) dt.13-09-2022 2/2 Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on secret information which is the easiest mode to implicate someone in order to save the real culprits. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sakra P.S. Case No. 552 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T