Rahis Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57836 of 2023 Arising Out of PS. Case No.-348 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== RAHIS PRASAD Son of Badri Yadav R/o vill - Daulatpur, P.S. - Bihta, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Advocate.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-10-2023 Heard Mr. Dhananjay Kumar Tiwary, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar No.2, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Naubatpur P.S. Case No. 348 of 2023 registered for the offence punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 20 litres of country made liquor from a bag tied on the motorcycle bearing Registration No. BR-01BU-4176.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case on the basis of suspicion. Petitioner has neither any concern with the seized liquor nor

Patna High Court CR. MISC. No.57836 of 2023(2) dt.11-10-2023 2/2 with the trade of liquor in any manner. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four 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 Special Excise Judge, Danapur in connection with Naubatpur P.S. Case No. 348 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U