Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68882 of 2021 Arising Out of PS. Case No.-347 Year-2021 Thana- PATORI District- Samastipur ====================================================== SUNIL RAI Son of Late Jugal Ray Resident of Village- Baghra, P.S.- Patory (Mohanpur O.P.), District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 30 litres of liquor from a minor aged about 14 years. Learned counsel for the petitioner submits that the name of the petitioner transpired in the statement of minor, it is next submitted that the petitioner is father of the minor. It is next submitted that the minor had no option but to implicate his father or else he would have been tortured by the smugglers who indulge in such illegal liquor trade with the help of minors.

Patna High Court CR. MISC. No.68882 of 2021(2) dt.24-06-2022 2/2 Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a person with clean antecedent and nothing was recovered from his conscious possession, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Patory P.S. Case No. 347 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T