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Patna High CourtCR. MISC./34800/2018allowed

Anil Rai @ Anil Kumar v. The State Of Bihar

2018-06-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.34800 of 2018 (2) dt.20-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34800 of 2018 ====================================================== Anil Rai @ Anil Kumar son of Jagat Rai, Resident of village- Basauli, P.S.- Bochahan, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Excise Case No. 97 of 2018, disclosing offences under Sections 30(A) and 38 Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged recovery of foreign liquor was made from the Hyundai Eon Mahindra Vehicle, which is evident from seizure list and the petitioner has no concern with the alleged recovery and the vehicle in question. Nothing has been recovered from the conscious possession of the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.34800 of 2018 (2) dt.20-06-2018 Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, -cumSpecial Judge, Excise Act, Muzaffarpur, in connection with Excise Case No. 97 of 2018/ P.R. No.11/18-19, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J.) brajesh/- U T