Saroj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8363 of 2020 Arising Out of PS. Case No.-579 Year-2019 Thana- BARH District- Patna ====================================================== SAROJ RAY S/o Late Deoki Ray Resident of Village- Pachhiyari Tola, P.S.- Barh, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-02-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehend arrest in Barh PS Case No. 579 of 2019 registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

As per prosecution case 35 litres and 215 litres illicit liquor are said to have been recovered from two different places. Petitioner has been implicated since the Chaukidar has disclosed that he was amongst those running away from the place from where recovery has been made.

It is submitted by petitioner's counsel that the allegation itself shows that the petitioner was neither apprehended on the spot nor there is any recovery from him. Merely because the Chaukidar has taken his name he is apprehending arrest. The prosecution story clearly does not make out any case under the Bihar Prohibition and Excise Act.

Learned APP has opposed the prayer for anticipatory bail citing the provisions of Section 74 of the Act prescribing bar on pre arrest bail.

Patna High Court CR. MISC. No.8363 of 2020(2) dt.29-02-2020 2/2 Considering the rival submissions this Court is inclined to accept the submission on behalf of the petitioner. The prayer is allowed.

In the event of arrest or surrender before the court below within four weeks from today, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in Barh PS Case No. 579 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T