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Patna High Court/65044/2023allowed

Amir Ray v. The State Of Bihar

2023-10-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65044 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Amir Ray S/O Garbhu Ray R/O Village- Kariyot, P.S- Laukahi, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Laukahi P.S. Case No. 99 of 2023 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is total recovery of 27 litres of illicit liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He was not present in the house. The house belongs to joint family. Petitioner has no concern with the seized liquor. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.65044 of 2023(2) dt.18-10-2023 2/2

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Laukahi P.S. Case No. 99 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) rakhi/- U T