Anil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21713 of 2022 Arising Out of PS. Case No.-451 Year-2021 Thana- SONEPUR District- Saran ====================================================== Anil Ray, Son Of Anandi Ray Resident Of Village - Sabalpur Newal Tola, P.S. - Sonepur, District - Saran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 467, 468, 471, 420 of the Indian Penal Code and Sections 30(a), 38 and 41(1) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of total recovery of 2787.765 litre of liquor from different vehicles including a container, Santro car, Alto car and a scooty as detailed in the F.I.R.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the petitioner is neither the owner, nor the driver of any of the vehicle as detailed in the F.I.R. The learned counsel next

Patna High Court CR. MISC. No.21713 of 2022(2) dt.29-07-2022 2/2 submits that he came to be falsely implicated by the local Chaukidar and villagers for the reasons best known to them. The learned counsel further submits that he has been listening to argument being made by the learned counsel for the petitioner and he finds that in 80% of the cases the accused are being implicated at the behest of the local Chaukidar. The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sonepur P. S. Case No.451 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T