Patna High CourtCR. MISC./68594/2022bail granted

Bhatu Rai v. The State Of Bihar

2023-01-06Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68594 of 2022 Arising Out of PS. Case No.-228 Year-2021 Thana- KHANPURA District- Samastipur ====================================================== BHATU RAI S/O LATE MAHESHWAT RAI Resident of villageKamargama, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar No. 2,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.

The petitioner apprehends his arrest in connection with Khanpur P.S. Case No. 228 of 2021 for the offence registered under Sections 30(a) and 37(c) of Bihar Prohibition and Excise Act, 2018.

As per the prosecution story, the police intercepted a motorcycle and recovered 20 litres of country-made liquor. The other accused persons managed to escape.

Learned counsel for the petitioner submits that he has not been arrested from the spot nor the motorcycle belongs to him and further he do not have any criminal antecedent. Learned APP for the State, on the other hand, opposes

Patna High Court CR. MISC. No.68594 of 2022(2) dt.06-01-2023 2/2 the prayer for anticipatory bail.

Taking into account the fact that the recovery is from the motorcycle which does not belong to the petitioner and he has clean antecedent, this Court is inclined to grant him the relief.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No.-01, Samastipur in connection with Khanpur P.S. Case No. 228 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T