Patna High CourtCR. MISC./8479/2024bail granted

Dhawal Ray @ Dhawal Kishore Ray v. The State Of Bihar

2024-02-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8479 of 2024 Arising Out of PS. Case No.-304 Year-2023 Thana- BHELDI District- Saran ====================================================== DHAWAL RAY @ DHAWAL KISHORE RAY SON OF KAMAL RAY @ KAMLA RAY R/O-JAFARPUR, P.S.-BHELDI, DISTT.-CHHAPRA, SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 188, 420 and 120B of the Indian Penal Code read with Sections 30(a), 32, 36 and 47 of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 3166.18 liters of liquor from a vehicle parked in a mango orchard.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted

Patna High Court CR. MISC. No.8479 of 2024(2) dt.26-02-2024 2/2 that petitioner is not the owner of the seized vehicle or of the mango orchard and he came to be implicated by the local Chowkidar with whom he is on an inimical term.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bheldi P.S. Case No. 304 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T