Butan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69349 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- AKILPUR District- Saran ====================================================== BUTAN RAI son of LATE AWADHESH RAI VILL-KEDALPURA PSAKILPUR DIST-SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rajani Kumari, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-11-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Akilpur P.S. Case No. 31/ 2023 dated 30/04/2023 registered for the offence(s) punishable under Section(s) 30(a) of Bihar Prohibition & Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that as per seizure memo, the alleged wine was recovered from a maize field and the petitioner is said to have fled on seeing the police party and he has been dragged mainly on account of his identification being revealed by some nearby persons, who gathered at the time of recovery, as per police which is not sufficient to implicate the petitioner, who has got no criminal antecedent and the petitioner has no connection with the place of recovery and no

Patna High Court CR. MISC. No.69349 of 2023(2) dt.08-11-2023 2/2 independent person was made witness of the alleged seizure. Further submission is that in the light of circumstances appearing against this petitioner from the FIR and the seizure list concerned to the alleged recovery, the alleged offence of Excise Act does not even prima facie attract against this petitioner hence, his prayer for anticipatory bail is maintainable.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions, this court is of the opinion that petitioner's prayer for anticipatory bail is fit to be accepted. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Akilpur P.S. Case No. 31/ 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T