Chandan Rai @ Lalu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55102 of 2023 Arising Out of PS. Case No.-530 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== CHANDAN RAI @ LALU KUMAR RAI son of Ram Ekbal Rai VillageSaidpur Ganesh, PS- Bidupur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2023 Heard Mr. Hemant Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Bidupur PS Case No. 530/2022 dated 03.10.2022 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018.

3. The police on the basis of secret information reached near the house of one Ram Iqbal Rai and others and upon seeing the police party, two persons fled away and Ram Iqbal Rai was apprehended. 70 litres of illicit country made liquor was recovered from the house of apprehended accused Ram Iqbal Rai.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.55102 of 2023(2) dt.25-08-2023 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of the fact that he happens to be the son of Ram Iqbal Rai. Referring to seizure list, learned counsel further submits that the place being the house of Ram Iqbal Rai, from where the illicit liquor has been recovered is not mentioned in column-II of the seizure list, it has only been mentioned, the place of recovery of illicit liquor as Gram-Saidpur Ganesh, PS-Bidupur, DistrictVaishali and not from the house of Ram Iqbal Rai. It has further been submitted that from perusal of the FIR it appears that the petitioner has been made accused on the basis of secret information received by the police and at the time of recovery of illicit liquor, no body has disclosed that the person who succeeded in fleeing away was the petitioner. No illicit liquor has been recovered from the conscious possession of the petitioner.

5. Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that name of the petitioner has come on the basis of secret information received by the police and in the seizure list it has not been mentioned that the illicit liquor has been recovered from the house of the petitioner, I am inclined to grant

Patna High Court CR. MISC. No.55102 of 2023(2) dt.25-08-2023 3/3 anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, CHANDAN RAI @ LALU KUMAR RAI be released on anticipatory bail in the event of arrest or surrender within six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I-cum ADJ, Vaishali at Hajipur in connection with Bidupur PS Case No. 530 of 2022, subject to the condition as laid down under Section 438(2) of the CrPC. (Anil Kumar Sinha, J) perwez U T