Devendra Ray @ Devendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17808 of 2024 Arising Out of PS. Case No.-105 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== DEVENDRA RAY @ DEVENDRA RAI SON OF RAM BALAK RAY RESIDENT OF VILLAGE - WARD NO. 12, JHAKHRA TOLA (MATHURAPUR TOLA), P.S. - SARAIRANJAN, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024

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 36 of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 8264.16 liters of liquor from a truck.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is neither the owner nor the driver of the seized truck and he came to be implicated at the instance of Chowkidar with whom he is on an

Patna High Court CR. MISC. No.17808 of 2024(2) dt.19-03-2024 2/2 inimical term. It is next submitted that police in 90% of the cases are implicating the accused persons either at the instance of Chowkidar or the local people. It is further submitted that it appears that the chowkidar in order to save the real culprits, falsely implicated the petitioner taking advantage of his antecedents.

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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Musrigharari P.S. Case No. 105 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T