Chandrashekhar Rai @ Chandrashekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8432 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Chandrashekhar Rai @ Chandrashekhar Kumar, aged about 25 years, male, Son of Gaya Rai, Resident of Village- Baghari Manorthi Tola, P.S.- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2021 Heard Mr. Hans Lal Kumar, the learned Advocate for the petitioner and Mr. Khurshid Anwar, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Runnisaidpur P.S. Case No. 49 of 2020, dated 03.02.2020, instituted for the offences under Sections 30(a) and 30(G) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.8432 of 2021(2) dt.17-12-2021 2/3 It appears from the F.I.R. that the police received secret information that one Anirudh Rai along with the petitioner and his two other brothers have stored liquor in huge quantity for its sale. On such information, the huts, as disclosed in the confidential information, were raided. 865.320 litres of liquor is said to have been recovered from near the houses of co-accused persons, namely, Ramjee Rai and Ram Shakak Rai.

Nothing has been recovered from the possession of the petitioner.

Though the petitioner has been named in the F.I.R. but his implication is on the basis of secret information, without disclosing the source, that he is also involved in the trade of liquor.

It has been submitted on behalf of the petitioner that he is a person of clean antecedents and has been serving Electricity Board in the district of Sitamarhi, where he was on duty at the time when the raid was conducted. On these grounds, it has been urged that no offence under the Excise Act can at all be said to have been

Patna High Court CR. MISC. No.8432 of 2021(2) dt.17-12-2021 3/3 made out against the petitioner.

For the reasons afore-stated, the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IICum-Special Judge, Excise Act, Sitamarhi in connection with Runnisaidpur P.S. Case No. 49 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T