Rabindra Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24498 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== 1.

RABINDRA ROY S/o Raj Kumar Residence of Mohalla- Purani Gud Mandi Karnal, Ward No.20, P.S.- City thana, District- Karnal (Haryana) 2.

Jasbir Singh @ Golu S/o Ramesh Kumar R/o Mohalla- Karan Bihar Gali, Gali No.-16, P.S.- Sector-32, Chauki Thana, District- Karnal (Hariyana) ... ... 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. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 41(2)(1) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 1443.9 litre of liquor from a truck. Learned counsel for the petitioners submits that petitioners was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioners neither the owner nor the driver of the

Patna High Court CR. MISC. No.24498 of 2022(2) dt.08-08-2022 2/2 truck and their name transpired in the confessional statement of co-accused Amrendra Singh which has no evidentiary value. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners and the fact that petitioners are persons with clean antecedent, the petitioners above-named, in the event of their 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) each 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 Musarigharari P.S. Case No. 13 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T