Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50501 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Santosh Rai S/O Bhola Rai Resident Of Village- Chandbara, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Ms. Asha Kumari, APP ====================================================== 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 Section 290 of the Indian Penal Code and Sections 30(a) and 36 of the Bihar Prohibition & Excise Act, 2016.

Allegedly, it is a case of recovery of illicit liquor from the vegetable field of one Bablu Kumar.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and the field and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot.

Patna High Court CR. MISC. No.50501 of 2022(2) dt.11-11-2022 2/2 Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, 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 Exclusive Special Excise Court No.I, Muzaffarpur in connection with Ahiyapur P.S. Case No. 120 of 2022 (G.R. No. 309 of 2022), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T