Patna High CourtCR. MISC./78798/2024bail granted

Satyendra Rajbanshi v. The State Of Bihar

2024-11-27Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78798 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- SITAMARHI District- Nawada ====================================================== Satyendra Rajbanshi S/o Rajkumar Rajbanshi R/o Village- Laxmipur, P.S.- Sitamarhi, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 65 of 2024 dated 12.07.2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the F.I.R. 06 liters of country made mahua liquor kept in a yellow colour plastic bag on a motorcycle bearing Registration No. BR27R-8281 has been recovered.

4. Learned counsel for the petitioner submits that no incriminating article and / or illicit liquor has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. and his name has surfaced during the course of investigation. The petitioner is neither the owner nor the driver of the motorcycle in question. The petitioner is having

Patna High Court CR. MISC. No.78798 of 2024(2) dt.27-11-2024 2/2 no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is neither the owner nor the driver of the motorcycle in question and he is having no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court-1, Nawada in connection with Sitamarhi P.S. Case No. 65 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T