Anil Rai @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67158 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- EKMA District- Saran ====================================================== Anil Rai @ Anil Kumar, S/o Shatrohan Ray R/o Village - Rampur Bindalal Mathiya, P.S. - Ekma, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh, Advocate For the Opposite Party/s :

Mr.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Ekma P.S. Case No.455 of 2020, registered for the offence under Sections 30(a), 38 Bihar Prohibition and Excise Act, 2016. Recovery is of 300 litres of country made liquor made from a Bolero car.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case only on the basis of suspicion. He further submits that nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.67158 of 2021(2) dt.08-03-2022 2/3 petitioner rather recovery has been made from one Bolero vehicle. He further submits that petitioner is neither owner nor driver of the vehicle in question. In fact petitioner was arrested in Baniyapur P.S. Case No. 287 of 2021 and he was remanded in the present case. The petitioner is in custody since 07.09.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the fact and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Saran, in connection with Ekma P.S.Case No. 455 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.67158 of 2021(2) dt.08-03-2022 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) khushbu/- U T