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Patna High CourtCR. MISC./57463/2022allowed

Shatyajit Prasad Rai @ Satyajit Rai v. The State Of Bihar

2022-11-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57463 of 2022 Arising Out of PS. Case No.-210 Year-2022 Thana- SONEPUR District- Saran ====================================================== SHATYAJIT PRASAD RAI @ SATYAJIT RAI Son of Late Panchilal Roy Resident of Village - Sabalpur, P.s.- Sonepur, Distt.- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinay Raj, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 34.5 liters of liquor from village Sabalpur, Chaharan, near a ditch in a jungle and 25 liters of liquor from village Murthan. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on secret

Patna High Court CR. MISC. No.57463 of 2022(2) dt.07-11-2022 2/2 information because of his antecedent with a view to save the real culprit.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sonepur P.S. Case No. 210 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T