Pappu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82082 of 2019 Arising Out of PS. Case No.-296 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== PAPPU RAI Son of Rajendra Rai Resident of Village - Ram Nagar, P.S.- Sakra, District - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sakra P.S. Case No. 296 of 2019 for the offence registered under Sections 272 and 273 of the Indian Penal Code. The allegation is regarding recovery of 80.250 liters of illicit English liquor from a hut.

The learned counsel for the petitioner submits that neither the hut belongs to the petitioner nor any recovery has been made from the possession of the petitioner or from his house, hence the provisions of the Bihar Excise and Prohibition Act, 2016 are not attracted. It is further submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.82082 of 2019(2) dt.11-12-2019 2/2 case, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S. Case No. 296 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T