Mohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79870 of 2019 Arising Out of PS. Case No.-227 Year-2019 Thana- AURAI District- Muzaffarpur ====================================================== Mohan Rai, Son of Rajnandan Rai, Resident of Village - Maheshwara, P.S.- Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence(s) under sections 272 and 273 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the allegation in the F.I.R, 10.5 litres of IMFL was recovered from a temporary construction next to the pumping set in the agricultural field.

It is submitted by learned counsel for the petitioner that no recovery has been made from the person or possession of the petitioner. The recovery has taken place from an open place in the agricultural field. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.79870 of 2019(2) dt.20-02-2020 2/2 The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Aurai P.S. Case no. 227 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code.

Ankit/- (Partha Sarthy, J) U T