Allowed

Anil Rai @ Anil Kumar Rai v. the State of Bihar

Patna HC15 Apr 2021CR. MISC./11845/2021

Case brief

AI extract

What is this about?

Patna High Court granted anticipatory bail to the petitioner in a Bihar Prohibition and Excise Act case involving 100 liters of recovered wine, directing removal of procedural defects within four weeks.

What did the court decide?

Petitioner to be released on anticipatory bail on furnishing bond of Rs. 10,000 with two sureties within eight weeks if arrested or surrendering.

Anil Rai @ Anil Kumar Rai Vs the State of Bihar — Anticipatory Bail | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11845 of 2021

¶2

Arising Out of PS. Case No.-318 Year-2020 Thana- LALGANJ District- Vaishali

¶3

======================================================

¶4

ANIL RAI @ ANIL KUMAR RAI Son of Jawahar Rai Resident of Village Salempur, P.S. Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Sabal Kumar Jha For the Opposite Party/s : Mr. N. Tiwary, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶11

2 15-04-2021

¶12

Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

¶13

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

¶14

The petitioner is apprehending his arrest in a case registered under Sections 30(a)(d)(e)(f), 32(ii) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

¶15

The prosecution case, in short, is that 100 liters wine is recovered.

¶16

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to

¶17

Patna High Court CR. MISC. No.11845 of 2021(2) dt.15-04-2021 2/2

¶18

suggest the implication of the petitioner in this case. It is alleged that 100 liters wine is recovered from the house of co-accused. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

¶19

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

¶20

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Ten thousand) 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. 318/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶21

(Sudhir Singh, J)

¶22

Pankaj/-

¶23

U T

Anil Rai @ Anil Kumar Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Anil Rai @ Anil Kumar Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kishundeo Manjhi @ Rudal Manjhi Vs The State of Bihar

Suraj Kumar Vs The State of Bihar

Laxmi Yadav Vs The State of Bihar

Krishna Ray @ Krishna Kumar Vs the State of Bihar

Birendra Kumar Kamat Vs the State of Bihar

Chhotu Kumar Vs the State of Bihar