Chanarik Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79741 of 2019 Arising Out of PS. Case No.-479 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== CHANARIK RAY Son of Late Ramji Ray Resident of Village - Jadua, P.S.- Biddupur, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Special Case No. 6835 of 2019 arising out of Jakkanpur P.S. Case No. 479 of 2019 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 13 liters of illicit liquor from the co-accused person, namely, Sunny Kumar and upon interrogation by the police, he is said to have disclosed that the petitioner had given the said illegal wine to him for sele. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that no

Patna High Court CR. MISC. No.79741 of 2019(3) dt.12-12-2019 2/2 recovery has been made either from the petitioner or from his house, hence, the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted in the present case. Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 6835 of 2019 arising out of Jakkanpur P.S. Case No. 479 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T