Sanjay Ray @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19830 of 2024 Arising Out of PS. Case No.-645 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== SANJAY RAY @ SANJAY KUMAR Son of Sitaram Ray Resident of Village-Bathaul, P.S.-Nanpur (Bhokhra), District-Sitamarhi. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 35 liters of liquor from the house of Sunil Kumar.
4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated mechanically by the police on the ground that he is brother of Sunil. It is also submitted that after the amendment in the Excise Act in the year 2018, the concept of deemed
Patna High Court CR. MISC. No.19830 of 2024(2) dt.22-03-2024 2/2 possession and presumed offender has been done away with. It is next submitted that he came to be implicated based on the confessional statement of apprehended accused in police custody which does not have any evidentiary value.
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. 5,000/- (Rupees Five Thousand) 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 Nanpur P.S. Case No. 645 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T