Pritam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82298 of 2019 Arising Out of PS. Case No.-316 Year-2019 Thana- TARAIYA District- Saran ====================================================== PRITAM RAI, aged about 33 years, Male, Son of Vira Rai, Resident of Bhalua Sankardiha, P.S.- Tariya, District - Saran ... Petitioner

Versus

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

For the Petitioner :

Mr. Mrityunjay Kumar Tiwary, Adv.

For the Opposite Party :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state thorough video conferencing.

The petitioner seeks pre-arrest bail in connection with Taraiya P.S. Case No. 316 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty, the informant, along with other police personnel, received information about carrying the liquor loading on a pick-up van, bearing registration no. BR-04GA-4937, by Sanjay Mahto, Vijay Rai, Pritam Rai (petitioner) from Marhaura, the police personnel proceeded for Marhaura, then, saw the said pick-up van in fast speed. On seeing the police party, four persons fled away, leaving the pick-up van while they were chased, but, they succeeded in fleeing away taking the advantage of darkness. On

Patna High Court CR. MISC. No.82298 of 2019(3) dt.09-06-2020 2/2 search, 11 drums, each containing 200 liters spirit recovered. On search, the owner book of the pick-up van was found in the name of Kanhaiya Thakur and also the transfer letter of the vehicle in the name of Govind Kumar, mentioning his Adhaar Card Number.

Submission is that the petitioner has no criminal antecedent and he is not the owner of the said pick-up van. The first information report, itself, indicates that mere on suspicion, the name of the petitioner has been implicated in this case. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Taraiya P.S. Case No. 316 of 2019 shall be released 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 Additional District & Sessions Judge, Saran at Chapra, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T