Dheeraj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7368 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- DAUDPUR District- Saran ====================================================== 1.

Dheeraj Ray Son Of Jitendra Ray Resident Of Village - Maujampur, Fulwariya, P.S. - Awtarnagar, District - Saran 2.

Rakesh Ray @ Rakesh Kumar Ray Son Of Ravindra Ray @ Rabindar Roy Resident Of Village - Maujampur, Fulwariya, P.S. - Awtarnagar, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehends their arrest in connection with Daudpur P.S. Case No. 300 of 2023, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. Learned counsel for the petitioners submits that petitioners are a person with clean antecedent and the allegation is of recovery of 268.575 liters of liquor from a Truck.

4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot, as such

Patna High Court CR. MISC. No.7368 of 2024(2) dt.22-02-2024 2/2 nothing was recovered from his conscious possession and they came to be implicated based on secret information which is the easiest way to implicate someone, when petitioners are neither the owner nor the driver of the seized vehicle and are a person with clean antecedent.

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

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court - Ist, Saran at Chapra, where the case is pending/successor court in connection with Daudpur P.S. Case No. 300 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) aditi/- U