Bhikhari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68959 of 2021 Arising Out of PS. Case No.-336 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== Bhikhari Rai Son of Ram Milan Rai Resident of Village - Larua, P.S. Tajpur, District - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Malay Kumar Choudhary For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-05-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Total 1680.750 liters of liquor has been recovered from the pickup van and truck in question.

It is submitted on behalf of petitioner that petitioner has got one criminal antecedent. He further submits that petitioner has falsely been implicated in the present case and name of the petitioner has transpired on the basis of confessional statement of co-accused namely, Kamlesh Rai and nothing has been recovered from the conscious possession of the petitioner and petitioner is neither the driver nor the owner of the said vehicle in question and he has no concern with the

Patna High Court CR. MISC. No.68959 of 2021(2) dt.26-05-2022 2/2 seized articles.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged 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 Additional District and Sessions Judge-II-cum-Special Judge Excise, Samastipur in connection with Tajpur Halai P.S. Case No. 336 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) mdrashid/- U T