Nandlal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77852 of 2019 Arising Out of PS. Case No.-818 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== NANDLAL RAI son of Raghunath Rai resident of village Patiyasa (Mirzapur) P.S. Ahiyapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 5.25 litres of foreign liquor has been recovered from the house of the co-accused Nandu Kumar Rai. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

In the facts and circumstances of the case on deposit of Rs. 5000/- in the court below/Nazarat, let the petitioner,

Patna High Court CR. MISC. No.77852 of 2019(2) dt.29-11-2019 2/2 above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur Police Station Case No. 818 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Such deposit of Rs. 5,000/- shall abide by the outcome of the present pending criminal case. (Anjani Kumar Sharan, J) devendra/- U T