Indrajeet Rai @ Anarjeet Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Indrajeet Rai @ Anarjeet Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail, upon arrest or surrender before the court below within six weeks, on furnishing bail-bonds of Rs. 500 with two sureties of like amount each, to the satisfaction of the Exclusive Special Excise Court No.I cum Additional District & Sessions Judge, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 775 of 2023, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether bail in anticipation of arrest should be granted to the petitioner in connection with the case registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018 (Bidupur P.S. Case No. 775 of 2023).

Court's answer

Considering the submissions of the petitioner's counsel, the Court directed that, in the event of arrest or surrender before the court below within six weeks, the petitioner be released on bail on furnishing bail-bonds of Rs. 500 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.I cum Additional District & Sessions Judge, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 775 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), oral order dated 13-03-2024 in Cr. Misc. No. 15705 of 2024 arising out of Bidupur P.S. Case No. 775 of 2023 (Vaishali): anticipatory bail granted to Indrajeet Rai @ Anarjeet Rai, sought to be arrested for offences under Sections 272 and 273 IPC and Section 30(a) Bihar Prohibition and Excise Act, 2018. Counsel submitted clean antecedents, recovery of 350 litres of liquor from a banana orchard not owned by or in the conscious possession of the petitioner, and implication via secret information. On arrest or surrender within six weeks, petitioner to be released on bail-bond of Rs. 500 with two sureties of like amount, to the satisfaction of Exclusive Special Excise Court No.I cum ADJ, Vaishali at Hajipur, subject to Section 438(2) Cr.P.C. conditions. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15705 of 2024

Arising Out of PS. Case No.-775 Year-2023 Thana- BIDUPUR District- Vaishali

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

Indrajeet Rai @ Anarjeet Rai Son of Shivjee Rai Resident of VillageDaudnagar, P.S.- Bidupur, District- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar, Advocate For the Opposite Party/s : Mr.Nityanand, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 13-03-2024

Heard learned counsel for the petitioner as well as

learned APP for the State.

The petitioner seeks bail in anticipation of his

arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 350 liters of liquor from a banana orchard.

It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged banana orchard does not belong to the petitioner and he came to be implicated based on secret information which is the easiest way to implicate someone, when petitioner admittedly is a person with clean antecedent.

Patna High Court CR. MISC. No.15705 of 2024(2) dt.13-03-2024 2/2

The learned APP for the State opposes the

anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500 /- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.Icum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case no.775 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)