Chuppa @ Pappu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52444 of 2022 Arising Out of PS. Case No.-190 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== CHUPPA @ PAPPU RAI Son of Ram Anek Rai Resident of Village - Dhobauli, P.S.- Gaighat, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a), 36 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of 45 litres of liquor from the house of Anirudh Prasad Yadav and 90 litres of liquor from a Maruti Wagon R vehicle.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.52444 of 2022(2) dt.14-10-2022 2/2 recovered from his conscious possession. Learned counsel further submits that the alleged recovery is from the house of Anirudh Prasad Yadav and petitioner is neither the owner nor the driver the alleged vehicle and he came to be implicated based on confessional statement of Rohit Rai, Ranjan Kumar and Anirudh Prasad Yadav.

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 Gaighat P.S. Case No. 190 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T