Ramanand Ray @ Rama Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26665 of 2023 Arising Out of PS. Case No.-489 Year-2022 Thana- NADI P.S. District- Patna ====================================================== 1.

RAMANAND RAY @ RAMA RAY SON OF LATE BHARAT RAY RESIDENT OF VILLAGE JETHULI ,PS NADI ,DISTRICT PATNA 2.

SHIV SHANKAR YADAV @ SHIV SHANKAR KUMAR SON OF RAMANAND RAY @ RAMA RAY RESIDENT OF VILLAGE- JETHULI, PS- NADI, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan For the Opposite Party/s :

Mr. Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioner No. 1 has antecedent of one case and petitioner No. 2 is a person with clean antecedent and allegation is of recovery of 6 liters of Mahua from Cow Shed of the petitioner No. 1. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next

Patna High Court CR. MISC. No.26665 of 2023(2) dt.16-05-2023 2/2 submitted that the petitioners have been falsely implicated alleging that the Cow Shed belongs to him when it has been specifically asserted and submitted that the Cow Shed does not belong to the petitioner and at the instance of local people, the father and son have been falsely implicated when petitioner No. 2 is a person with clean antecedent.

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, 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nadi P.S. Case No. 489 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T