Patna High CourtCR. MISC./48670/2022bail granted

Kunal Rai v. The State Of Bihar

2022-11-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48670 of 2022 Arising Out of PS. Case No.-381 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== KUNAL RAI Son of Shashi Bhushan Rai Resident of Village - Fatehpur, P.S.- Nath Nagar, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== 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 instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nath Nagar P.S. Case no. 381 of 2022 instituted for the offence under Section 30(A) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 5.750 litres of foreign liquor from mango orchard of Raju Rai. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the place of occurrence. Neither the petitioner was arrested nor any

Patna High Court CR. MISC. No.48670 of 2022(2) dt.11-11-2022 2/2 incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the meagre quantity of recovery, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nath Nagar P.S. Case No. 381 of 2022 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive, Excise Court No.2, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U