Dukhan Ray @ Chandrasekar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16414 of 2024 Arising Out of PS. Case No.-403 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Dukhan Ray @ Chandrasekar Ray S/o Suresh Ray R/Vill.- Pakra Ward No. 06, P.S.- Naugachia, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-03-2024 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 Section 30(a) and 32(2) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 16.05 liters of liquor from the outhouse of the petitioner.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which is outside the house and is accessible to villager at large and it appears that someone

Patna High Court CR. MISC. No.16414 of 2024(2) dt.14-03-2024 2/2 inimical to the petitioner and meager amount of liquor planted in the outhouse in order to falsely implicate the petitioner. It is further submitted that name of the petitioner transpired based on secret information which is the easiest way to implicate someone when petitioner admittedly is a person with clean antecedent.

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. 500/- (Rupees Five Hundred) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Naugachia P.S. Case No. 403 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) lata/- U T