This order grants anticipatory bail to the petitioner apprehending arrest in the excise case. He was released on personal bond subject to conditions under Cr.P.C. Section 438(2) within four weeks without bail money.
Petitioner to be released on personal bond, to surrender within four weeks to the Special Judge, Excise.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4509 of 2023
Arising Out of PS. Case No.-217 Year-2022 Thana- DORIGANJ District- Saran
======================================================
RAKESH RAI SON OF HARINDRA RAI R/O VILL.- PAHARPUR, P.S.GARKHA, DISTT.- SARAN AT CHAPRA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh For the Opposite Party/s : Ms.Pronoti Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 28-04-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Doriganj P.S. Case No.217 of 2022 registered under Sections 30 and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from possession of the petitioner rather recovery of country made liquor has been made from the bank of Ganga river. The petitioner has got no criminal antecedent.
Having considered the above facts and circumstances of the case and the submissions advanced on behalf of the
Patna High Court CR. MISC. No.4509 of 2023(2) dt.28-04-2023 2/2
parties, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Saran at Chapra in connection with Doriganj P.S. Case No.217 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J)
Harish/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest under Sections 30 and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
2 provisions across 2 enactments
Rakesh Rai
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
