Sanjiv Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15283 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== Sanjiv Kumar Ray S/o Ramdev Ray R/o Vill - Pargodih, P.S. - Jamun, Dist. - Giridih (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32, 41 of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 51.840 liters of liquor from a swift car and 207 liters of liquor from sumo car.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the swift vehicle which was seized. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence

Patna High Court CR. MISC. No.15283 of 2024(2) dt.12-03-2024 2/2 against himself and hence would get implicated. It is also submitted that petitioner was completely unaware that his driver would misused the vehicle in the manner as alleged, when petitioner admittedly is a person with clean antecedent.

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500 /- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge, IV-cum-Exclusive Special Excise Court, I, Lakhisarai in connection with Barahiya P.S. Case No.223 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T