Nandu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78836 of 2018 Arising Out of PS. Case No.-1054 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Nandu Rai S/o Raghunath Ray R/vill-Patiyasa, P.S-Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari For the Opposite Party/s :

Mr.Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 This application, for grant of anticipatory bail, arises out of Ahiyapur P.S. Case No. 1054 of 2018, disclosing offences under Sections 30 (a) of Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 4.5 litres of liquor from the motorcycle of the co-accused, who disclosed the names of petitioner and one other accused person that they have given him the liquor to sell.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been recovered from his conscious possession rather he has been made accused in this case only on the basis of confessional statement of co-accused.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts,

Patna High Court Cr.Misc. No.78836 of 2018(2) dt.11-01-2019 2/2 this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1054 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Vinod Kumar Sinha, J) sunilkumar/- U T