Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64938 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- MAKER District- Saran ====================================================== Arun Rai Son of Seth Rai Resident of Village-Distisiroman,P.S. Maker,Distt.-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh Mr. Jitendra Narain Sinha, Advocates For the Opposite Party Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 188, 272, 273, 308 IPC and Sections 30, 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016 registered in connection with Maker P.S. Case No. 126 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of 411.75 litres of wine. The petitioner is neither the owner nor the driver of the Maruti Swift Dezire car from which the foreign lilquor was recovered. Similarly situated co-accused Bholi Miyan alleged to have been travelling in the car with the petitioner has been granted anticipatory bail by this Court in Cr. Misc. No. 64877 of 2018.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the

Patna High Court Cr.Misc. No.64938 of 2018(3) dt.03-01-2019 2/2 date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 6th Additional Sessions Judge, Saran at Chapra, in connection with Maker P.S. Case No. 126 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T