Pentar Ray @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10976 of 2022 Arising Out of PS. Case No.-833 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Pentar Ray @ Ajit Kumar, Son Of Bhushan Ray @ Bhishan Ray Resident Of Village - Lal Pokhar Gighi, P.S.- Hajipur Sadar, Dist.- Vashali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of eight cases and the allegation is of recovery of 746.64 litre of liquor from a pick-up van. The learned counsel for the petitioner submits that petitioner based on his antecedent came to be implicated at the instance of local Chaukidar, when admittedly, the petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the

Patna High Court CR. MISC. No.10976 of 2022(2) dt.08-07-2022 2/2 petitioner is neither the owner, nor the driver of the pick-up van and it seems that in order to save the real culprit, the petitioner came to be implicated falsely because of his antecedent. The learned Additional Public Prosecutor opposes the anticipatory bail application.

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 Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Hajipur Sadar P. S. Case No.833 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T