Patna High CourtCR. MISC./58114/2023bail granted

Bunty Rai @ Swet @ Banti Kumar Singh v. The State Of Bihar

2023-09-13Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58114 of 2023 Arising Out of PS. Case No.-4 Year-2021 Thana- NAUTAN District- Siwan ====================================================== Bunty Rai @ Swet @ Banti Kumar Singh Son Of Guddu Rai Resident Of Village- Khalwanm, Ps- Nautan, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Nautan P.S. Case No. 04 of 2021 dated 08.01.2021, instituted for the offence punishable under Sections 30(a) and 44(i) of the Bihar Prohibition Excise Act, 2016.

3. As per the case of prosecution, 51.400 litres country made liquor has been recovered from the seat of the motorcycle and two persons were arrested, who disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that expect confessional statement of apprehended accused persons, nothing has been recovered

Patna High Court CR. MISC. No.58114 of 2023(2) dt.13-09-2023 2/2 from the possession of the petitioner. One of the co-accused person, namely, Chiku Ray has been granted bail by a Coordinate Bench of this Court vide order dated 24.02.2022 passed in Criminal Miscellaneous No. 55409 of 2021. Lastly, it has been submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Nautan P.S. Case No. 04 of 2021, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. II, Siwan, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T