Shailendra Ray @ Shailendra Ray @ Shailendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24435 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Shailendra Ray @ Shailendra Ray @ Shailendra Rai, Son Of Ramnath Rai @ Ramnath Ray Village- Takina Marhaura Ps- Marhaura Dist- Saran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raushan Raj For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-04-2024
1. Heard learned counsel for the petitioner and 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) and 41(i) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 560 litres of spirit from an auto.
4. The learned counsel for the petitioner submits that 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 auto and he came to be implicated at the instance of local person, but then, it is submitted that police in mechanical manner implicates either at
Patna High Court CR. MISC. No.24435 of 2024(2) dt.22-04-2024 2/3 the instance of the Chaukidar or local person, but then, it absolutely does not stand to reason that if local person was aware of the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the present F.I.R., which cast an aspersion on the case of the prosecution, when admittedly petitioner is a person with clean antecedent.
5. Learned A.P.P. opposes the 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 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Marhowrah P. S. Case No.15 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.24435 of 2024(2) dt.22-04-2024 3/3 found that petitioner has antecedent of even one case, in that event, the present anticipatory bail application shall not be given effect to.
(Satyavrat Verma, J) vikash/- U T