Raju Ray @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14809 of 2024 Arising Out of PS. Case No.-684 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Raju Ray @ Raju Kumar S/o Lagan Ray @ Lalan Ray R/o vill - Inarwa Fulwar, (Inarava Fulavar), P.S. - Ghorasahan (Lakhaura), Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

1. 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 Sections 30(a), 32 and 41(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

4. Allegation is of recovery of 5 litres of liquor from the house of Shambhu Ray and 15 litres of liquor from a place beside the PACS Godown.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged

Patna High Court CR. MISC. No.14809 of 2024(2) dt.11-03-2024 2/2 recovery is from a place which does not belong to the petitioner and he came to be implicated by the Chawkidar with whom he is on an inimical term. It is further submitted that it appears that the Chawkidar in order to save the real culprits falsely implicated the petitioner because of his antecedents.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ghorasahan (Lakhaura) P.S. Case No. 684 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T