Sarbjeet Rai @ Sarbjeet Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22143 of 2024 Arising Out of PS. Case No.-196 Year-2023 Thana- MAKER District- Saran ====================================================== Sarbjeet Rai @ Sarbjeet Ray S/o Nagina Ray Resident of Village- Fulwariya, P.S.- Maker, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2024 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) of the Bihar Prohibition and Excise Act.

3. Allegedly, 2065 litres illicit spirit has been recovered from the seized tractor.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has committed no offence. He is not named in the FIR. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.22143 of 2024(2) dt.20-03-2024 2/3 omnibus in nature. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended person which has no evidentiary value in the eye of law. Petitioner has seven criminal antecedents as mentioned in para-3 of this application.

5. Petitioner is agreed to deposit a sum of Rs.50,000.00 (Rupees Fifty Thousand) in account of Mahavir Cancer Sansthan, Patna bearing Account No. 3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch, Patna.

6. Having regard to the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Maker P.S. Case No. 196 of 2023, subject to the condition as laid down

Patna High Court CR. MISC. No.22143 of 2024(2) dt.20-03-2024 3/3 under Section 438 (2) of the Cr.P.C, subject to the further conditions that:

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding fro cancellation of bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.

(Anjani Kumar Sharan, J) divyanshi/- U T