Amarjeet Rai @ Amarjeet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 78883 of 2019 Arising Out of PS. Case No.-385 Year-2016 Thana- SARAIYA District- Muzaffarpur ====================================================== AMARJEET RAI @ AMARJEET @ AMARJEET KUMAR RAI, Son of Udeet Rai Resident of Village- Mauna Bazar, Police Station- Chapra Town, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankur Prakash Sinha For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in a case registered under Sections 272, 273, 420, 120B of Indian Penal Code and Sections 30 (a), 38, 41 of Bihar Excise & Prohibition Act, 2016 (for brevity, the Act).

4338 liters of illicit foreign liquor is alleged to have been recovered from a tanker. The persons arrested are said to have disclosed petitioner's name as being one of the earlier customers. It is on such allegations that petitioner has been implicated in this case and is apprehending his arrest. There is no alleged alleged recovery from the petitioner and merely because his name has come in the statement of co-accused, he is

Patna High Court CR. MISC. No.78883 of 2019(3) dt.10-12-2019 2/3 apprehending his arrest. The petitioner has no criminal antecedent. It is submitted that having regard to the facts, no case whatsoever is made out under the provisions of the Act. Learned APP for the State, referring to Section 76 (2) of the Act, has opposed the prayer.

Considering the rival submissions and the fact that similarly situated co-accused Ajay Sah @ Ajay Kumar has already been allowed anticipatory bail by this Court in Cr Misc No 40939 of 2018, this Court, for the limited purpose of anticipatory bail, is inclined to accept the submission of petitioner's counsel.

Let the petitioner above named, in the event of his arrest or surrender, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Muzaffarpur in Saraiya Police Station Case No 385 of 2016 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code and also the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the

Patna High Court CR. MISC. No.78883 of 2019(3) dt.10-12-2019 3/3 address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T