Manganu Ray @ Mugnu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25439 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== MANGANU RAY @ MUGNU RAY S/o- ASHARFI RAY VillageGudarghat Siripur Gahar Ps- Khanpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(c), 30(d), 30(g), 32 and 41 of the Bihar Excise Act read with Sections 419, 420, 467, 468 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 1909 empty bottles of liquor from house of Md. Chand and Md. Gulshad.

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

Patna High Court CR. MISC. No.25439 of 2023(2) dt.22-05-2023 2/2 implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value. It is further submitted that police implicated him through Md. Chand because of his antecedents, further the recovery is from a place which does not even belong to the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tajpur P.S. Case No. 53 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T