Pawan Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24479 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- PATORI District- Samastipur ====================================================== Pawan Kumar Ray S/O Ram Babu Ray R/V- Uttari Dumari, Mohanpur, P.S.- Shahpur Patori, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-10-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Patori P.S. Case No. 69 of 2019 registered for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

On secret information, a raid was conducted and 240 liters & 12 ml. of foreign liquor is said to have been recovered from a car and petitioner is said to be the person, who fled away alongwith two co-accused after noticing the police party. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. Nothing has been recovered from the conscious possession of petitioner. It is further submitted that petitioner is neither owner nor driver of

Patna High Court CR. MISC. No.24479 of 2020(2) dt.01-10-2020 2/2 the vehicle in question. The car, in question, was parked in front of house of co-accused Anil Kumar Roy. It is stated in paragraph - 3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed. In the event of arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 2nd cum Special Judge (Excise), Samastipur in connection with Patori P.S. Case No. 69 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T