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Patna High CourtCR. MISC./86069/2019disposed

Sanjay Rai v. The State Of Bihar

2020-02-18Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86069 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- SALIMPUR District- Patna ====================================================== SANJAY RAI, aged about 44 years, Male, son of Ram Babu Ray, Resident of Village - Dedaur, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Salimpur P.S. Case No. 209 of 2019, registered for the offence under Sections 30(a), 32(1) (2) (3) and 41(1) of the Bihar Prohibition and Excise Act, 2016. Allegation has been made that about 26.28 liters of illicit liquor has been recovered while the same was being transported through a boat. However, the present petitioner managed to flee away from there. Three persons including the present petitioner have been named in the F.I.R. Considering the fact that the petitioner has no criminal antecedent, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before

Patna High Court CR. MISC. No.86069 of 2019(2) dt.18-02-2020 2/2 the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Salimpur P.S. Case No. 209 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 21.12.2019 then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T