Bijay Kumar Rai @ Vijay Kumar Rai @ Vijay Rai @ Munna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11869 of 2018 Arising Out of PS.Case No. -257 Year- 2017 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== BIJAY KUMAR RAI @ VIJAY KUMAR RAI @ VIJAY RAI @ MUNNA RAI, S/o Jamun Ray @ Yamuna Rai, Resident of Village- Etwarpur, Sisaula, P.S. Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners seek anticipatory bail in connection with Lalgan PS case no. 257 of 2017 registered for the offences punishable under Section 30(A), 32(2), 41(1) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 315.920 of illicit liquor from one mini truck, one Alto car and one motorcycle. The learned counsel for the petitioners submits that no recovery has been made from conscious possession of the petitioner. It is further submitted that though the petitioner is the owner of the Alto car, but he was not present at the time of recovery of illicit liquor and there is no compliance of Section 100

Patna High Court Cr.Misc. No.11869 of 2018 (2) dt.27-02-2018 2/2 Cr. P.C. It is further submitted that one of the co-accused persons, namely, Baiju Mahto has been granted anticipatory bail by this Court by an order dated 13.2.2018 passed in Cr. Misc. No. 8465 of 2018 and the petitioner is having a clean antecedent. Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Vaishali at Hajipur in connection with Lalganj PS case no. 257 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

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