Kallu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65231 of 2019 Arising Out of PS. Case No.-327 Year-2019 Thana- MANER District- Patna ====================================================== Kallu Rai, (Male) aged about 25 years, S/o Agin Rai, Resident of VillageManer Tola, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dayashanker Pandey, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Maner P.S. Case No. 327 of 2019 registered under section 30(a) of Bihar Prohibition and Excise Act.

The allegation against the petitioner is that the motorcycle of the petitioner was intercepted but the petitioner managed to escape from the place of occurrence, however, the pillion rider was arrested by the police and from whose possession a total quantity of 3.75 liter of illicit liquor has been recovered. Learned counsel appearing for the petitioner submits that the petitioner has got no criminal antecedent and no illicit liquor has been recovered from the conscious possession of the petitioner or from the vehicle belonging to the petitioner. Learned

Patna High Court CR. MISC. No.65231 of 2019(2) dt.04-11-2019 2/2 counsel further submits that the motorcycle of the petitioner was not seized by the police.

Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and no illicit liquor has been recovered from the conscious possession of the petitioner or from the vehicle belonging to the petitioner, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise, Patna in connection with Maner P.S.Case No. 327 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U