Arvind Rai @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84899 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== ARVIND RAI @ ARVIND KUMAR Son of Shree Ram Pravesh Rai Resident of Village - Salempur, P.S.- Lalganj, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Lalganj P.S. Case No. 97 of 2019 registered under Sections 353, 467, 468, 471, 414, 307, 308/34 of the Indian Penal Code and Sections 34, 36, 30(a), 32(2), 41(1) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that the car from which illicit liquor has been recovered does not belong to the petitioner, he has no criminal antecedent and he was not found at the spot. Learned counsel submits that the co-accused have already been granted privilege of anticipatory bail by learned coordinate Benches of this court.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.84899 of 2019(2) dt.08-01-2020 2/3 anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the car from which illicit liquor has been recovered does not belong to the petitioner, he has no criminal antecedent, he was not found at the spot and the co-accused Ramnaresh Rai @ Ramtesh Rai @ Ramtesh, Virendra Sahani and Vikash Kumar have already been granted privilege of anticipatory bail by learned coordinate Benches of this court as also by this Bench, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II - cum - Excise Court, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 97 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.84899 of 2019(2) dt.08-01-2020 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T