Shambhu Ray @ Shambhu Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36485 of 2021 Arising Out of PS. Case No.-883 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== SHAMBHU RAY @ SHAMBHU ROY Son of Nandkishor Ray @ Tunna Ray Resident of Village - Dhebvah @ Dhemba, P.S. - Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection Kanti P.S. Case no. 883 of 2019 registered for the offence punishable under sections 272, 273, 399, 402 of the Indian Penal Code, sections 25(1-b)a, 26, 27, 37 of the Arms Act read with section 30(a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that one country made revolver, 375 ml, foreign liquor and 10 liter spirit was recovered from Tata Tiger which was without registration number, further from Hundai car 20 liter spirit was recovered. He further submits that petitioner was not

Patna High Court CR. MISC. No.36485 of 2021(2) dt.06-12-2021 2/2 apprehended at the spot rather his name was disclosed by the accused who was apprehended by the police. Learned counsel next submits that name of this petitioner has come on the confessional statement of co-accused.

Learned APP opposes the prayer for bail and submits that petitioner has antecedent of three cases relating to Excise Act.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in those cases because of his antecedents, he has been implicated in the present case also. Considering the facts that petitioner is in jail custody and charge sheet has been submitted and he was not apprehended at the spot, petitioner is directed to be released on bail on furnishing bail bonds of Rs 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge (Excise), Muzaffarpur in Kanti P.S. Case no. 883 of 2019.

(Satyavrat Verma, J) s.hassan/- U T