Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1958 of 2024 Arising Out of PS. Case No.-904 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Anil Rai Son Of Rajdev Ray Resident Of Village- Patiyasa Korena P.S.- Ahiyapur Distric- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kanti P.S. Case No. 904/2023 lodged on 23.11.2023 under Sections 30(a), 32(ii)(iii),36,41(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the recovery of 950.450 liters of wine is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not the owner of the vehicle rather he is the driver of the said vehicle. He is completely unaware of what is loaded on the said vehicle. The petitioner is in custody since 24.11.2023 having no criminal antecedent. The chargesheet has

Patna High Court CR. MISC. No.1958 of 2024(2) dt.24-01-2024 2/2 already been filed.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.II, Muzaffarpur, in connection with Kanti P.S. Case No. 904/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T