Pintu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67718 of 2024 Arising Out of PS. Case No.-255 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Pintu Rai S/O Ramji Ray @ Ramji Rai @ Padarath Rai R/O Mahindrawara, P.S- Abdula Chowk( Mahnar), Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and Mrs. Indu Kumari Srivastava, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahnar P.S. Case No. 255 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 33.075 liters of illicit liquor was recovered from poultry and goat farm of one Mohan Singh and further the case of the prosecution is that this petitioner is an associate of co-accused Mohan Singh.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted by learned counsel for the petitioner that co-accused Mohan Singh

Patna High Court CR. MISC. No.67718 of 2024(2) dt.29-11-2024 2/2 has already been granted bail by this Court vide order dated 22.11.2024 in Cr. Misc. No. 66903 of 2024. The case of this petitioner stands on better footing than that of co-accused Mohan Singh.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mahnar P.S. Case No. 255 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Prohibition and Excise Court (second)-cum- Additional District and Sessions Judge, Hajipur, Vaishali subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T