Rajan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9452 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- SONEPUR District- Saran ====================================================== RAJAN RAY Son of Jangali Ray Resident of Village- Fakrabad, P.S.- Sonepur, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Dhananjay Mishra, Advocate Mr. Nitesh Kumar Nirala, Advocate For the State :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

50 litres of country made liquor has been recovered from a motorcycle in Parmanandpur Chawar.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got four criminal antecedents, similar in nature, as stated in paragraph-3 of the bail application. It is further submitted that there is no recovery from conscious possession of the petitioner and the

Patna High Court CR. MISC. No.9452 of 2023(2) dt.20-04-2023 2/3 place of occurrence is 6 k.m. away from the house of the petitioner. It is submitted that name of the petitioner has been brought in the FIR on the statement of villagers due to dirty village politics and on the indication of the local Chowkidar who was the Bataidar of petitioner's land, but in the year 2020, the petitioner has taken back his land and given to another villager.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Petitioner is agree to deposit a sum of Rs.20,000/- (rupees twenty thousand) in the account of Bihar State Bar Council Welfare Fund, bearing Account No.31861041899, IFSC Code: SBIN0010340, High Court Campus Branch, Patna. Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned IInd Exclusive Special Excise Judge, Saran at Chapra in connection with Sonepur P.S. Case No.85 of 2022, subject to the conditions laid

Patna High Court CR. MISC. No.9452 of 2023(2) dt.20-04-2023 3/3 down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that: (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in Bihar State Bar Council Welfare Fund. (Anjani Kumar Sharan, J) S.KUMAR/- U T