Ravi Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70374 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- TARAIYA District- Saran ====================================================== RAVI NUT S/O SANJAY NUT VILLAGE- DEWARIYA, PS. TARAIYA, DIST. SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2023 Heard Mr. Dewendra Narayan Singh, learned counsel appearing on behalf of the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Taraiya P.S. Case No. 217 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 62.280 litres of foreign liquor from a bag loaded on the motorcycle bearing registration no. BR-29R-1162.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case. Petitioner is neither concerned with the seized liquor nor the motorcycle from which foreign liquor was recovered. He is not involved in trade of liquor in any manner. Nothing was recovered from possession of

Patna High Court CR. MISC. No.70374 of 2023(2) dt.01-11-2023 2/2 the petitioner.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner and the fact that the name of the petitioner surfaced in the case on the basis of confessional statement of coaccused, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Taraiya P.S. Case No. 217 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T