Ashok Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33263 of 2018 Arising Out of PS. Case No.-346 Year-2017 Thana- PATNA CITY CHOWK District- Patna ====================================================== Ashok Ray, son of Chanarik Ray, resident of Mohalla- Kila Ghat, P.S.- Chowk, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raj Shekhar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-06-2018 Heard Sri Raj Shekhar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Chowk P.S. Case No.346 of 2017 registered for the offence under Sections 272/ 273/34 of the Indian Penal Code and Sections 30(a)(d)/33/34/36 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.

By way of referring to the F.I.R. ,learned counsel for the petitioner submits that in this case, from a Khatal of another person , recovery of liquor was shown and the petitioner has falsely been implicated in the present case on the disclosure made by his own father.

Learned Addl. Public Prosecutor has opposed the

Patna High Court Cr.Misc. No.33263 of 2018(2) dt.28-06-2018 2/2 prayer for grant of anticipatory bail on the ground that the petitioner is having criminal antecedent, however on going through the statement made in paragraph-3 of the petition, it appears that only one day prior to the institution of the present case, one another case was also instituted.

Be that as it may, considering the nature of accusaton as well as the fact that nothing was recovered from his conscious possession, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Ashok Ray be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Chowk P.S. Case No.346 of 2017, corresponding to Special Case No.7656 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T