Kapil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87443 of 2024 Arising Out of PS. Case No.-143 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== Kapil Ray S/O Chandeshwar Ray R/O Village- Basti Khoajpur, P.S.- Baligaon, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2025

1. Heard learned Counsel for the petitioner and learned APP for the State.

2. This application, for grant of anticipatory bail, arises out of Baligaon P.S. Case No. 143 of 2024, disclosing offences under Section 30(a) of Bihar Prohibition and Excise(Amendment) Act.

3. As per the First Information Report, police got secret information that petitioner has stored illegal foreign liquor in his house. On search 70 liter of illegal foreign liquor was recovered from the cow shade of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The cow shade from where the recovery has been made is situated behind the house of the petitioner which is an

Patna High Court CR. MISC. No.87443 of 2024(2) dt.22-01-2025 2/2 open place which is accessible to all.

5. Regards being had to the submission advanced on behalf of the parties and taking into consideration that fact that the recovery of illicit liquor was made from cow-shade, situated behind the house of the petitioner and it is accessible to all, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks from today, 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 Exclusive Special Excise Court No-I-cum-Additional District Session Judge, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 143 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

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