Patna High CourtCR. MISC./204/2023allowed

Nitish Rai v. The State Of Bihar

2023-09-04Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.204 of 2023 Arising Out of PS. Case No.-110 Year-2021 Thana- BARH District- Patna ====================================================== Nitish Rai S/O Raja Rai Resident Of Village- Pachhiyari Malahi, P.S.- Barh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Adv For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Barh P.S.Case No. 110 of 2021 instituted under Section 30(a) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 274 liters country made liquor was recovered from E- Rickshaw.

4. Learned counsel for the petitioner submits that petitioner is an innocent person and has committed no offence. There is vague and omnibus allegation against the petitioner on the basis of suspicion. He further submits that petitioner is not the owner or driver of the said Rickshaw

Patna High Court CR. MISC. No.204 of 2023(3) dt.04-09-2023 2/2 and he is a man of fair antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge Excise, Barh, Patna in connection with Barh P.S.Case No. 110 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) N.K/- U