Mantu Ray @ Mantu Kumar Ray And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10329 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- DIGHA District- Patna ====================================================== 1.

Mantu Ray @ Mantu Kumar Ray, aged about 42 years, Gender-Male, S/o Shri Musafir Ray.

2.

Satyendra Kumar, aged about 39 Years, Gender-Male, Son of Late Rama Shankar Das.

Both Resident of Village- Shahpur Diyara, Pahleza, P.S.Sonepur, District-Saran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rekha Prasad For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-02-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Digha P.S. Case No. 83 of 2018 bearing Special Case No.1170 of 2018 registered for the offences punishable under Sections 30 (a) and 38 (i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that these petitioners happen to be the owner of the vehicle which was handed over to the driver for commercial purposes. When the said vehicle was intercepted, one bottle of 750 M.L. of illicit liquor was found beside the seat of the driver. The driver has already been granted bail in A.B.P. No.8910 of 2018. These petitioners are though not named in the F.I.R but they are apprehending their

Patna High Court Cr.Misc. No.10329 of 2019(2) dt.20-02-2019 2/2 arrest in connection with the said case.

Learned APP for the State is present.

Considering the facts and circumstances of the case, wherein the driver of the vehicle who was going with the illicit liquor as alleged was arrested and has already been granted bail, the petitioners not being there on the spot of the vehicle, in the opinion of this Court, these petitioners are entitled to get the privilege of anticipatory bail, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Patna in connection with Special Case No.1170 of 2018 arises out of Digha P.S. Case No. 83 of 2018, subject to the condition that petitioners shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U T