Raj Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60114 of 2018 Arising Out of PS. Case No.-161 Year-2018 Thana- BHAGWAN BAZAR District- Saran ====================================================== Raj Kishore Rai, son of Late Shyam Bihari Rai, Resident of village - Brahampur, P.S.- Bhagwan Bazar, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anant Kumar Bhaskar, Advocate Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Sri Mithilesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-09-2018 Heard Dr. Anant Kumar Bhaskar, learned counsel, assisted by Dr. Rajesh Kumar Singh , learned counsel for the petitioner and Sri Mithilesh Kumar Khare, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Bhagwan Bazar P.S. Case No. 161 of 2018, registered for the offence under Section 30 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

By way of referring to the statement made in paragraph - 3 of the petition, learned counsel for the petitioner submits that petitioner is having clean antecedent. He further submits that petitioner was not made accused in the F.I.R.,

Patna High Court Cr.Misc. No.60114 of 2018(2) dt.28-09-2018 2/2 however, on the basis of disclosure made by some of the villagers petitioner has been made accused, otherwise, nothing has been recovered from conscious possession of the petitioner. Considering the nature of accusation, clean antecedent of the petitioner as well as the fact that nothing was recovered from conscious possession of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let petitioner - Raj Kishore Rai 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 VI A.D.J. Cum Special Judge, Excise, Saran at Chapra / concerned court in connection with Bhagwan Bazar P.S. Case No. 161 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T