Raushan Ray @ Raushan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34521 of 2024 Arising Out of PS. Case No.-351 Year-2023 Thana- AWTARNAGAR District- Saran ====================================================== 1.

Raushan Ray @ Raushan Rai Son of Dashrath Ray Resident of VillageAmi, P.S- Dighwara, Dist- Saran , Chapra 2.

Naveen Kumar Singh Son of Vishwanath Singh Resident of Village- Ami, P.S- Dighwara, Dist- Saran , Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 750 ml of liquor from tea shop of Dhananjay Kumar Singh.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and petitioners have no concern or relation with Dhananjay Kumar Singh and they came to be implicated based on confessional

Patna High Court CR. MISC. No.34521 of 2024(2) dt.15-05-2024 2/2 statement of Dhananjay Kumar Singh in police custody which does not have any evidentiary value.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

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. 500/- (Rupees Five Hundred) each 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 Awatarnagar P.S. Case No. 351 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that the petitioners have antecedent of even one case in that event the present anticipatory bail order shall not be given effect. (Satyavrat Verma, J) SUMIT/- U T