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Patna High CourtCR. MISC./4342/2024bail granted

Devendra Ray v. The State Of Bihar

2024-02-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4342 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- BELA District- Sitamarhi ====================================================== Devendra Ray S/o Ishwar Ram R/o Village Sirsiya Bazar PS Bela Dist Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bela P.S. Case No.206/2023 registered for the offence punishable under Section 30(a) (c) of Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. An allegation is of recovery of 46.5 litres of liquor from an Auto. It is next submitted that the petitioner is neither the owner nor the driver of the auto and he came to be implicated based on confessional statement of Lalan Singh in police custody, which does not have any evidentiary value in the eye of law.

Patna High Court CR. MISC. No.4342 of 2024(2) dt.13-02-2024 2/2

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Court No.1, Sitamarhi, in connection with Bela P.S. Case No.206/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T