Pawan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31294 of 2022 Arising Out of PS. Case No.-228 Year-2022 Thana- MAHUA District- Vaishali ====================================================== 1.

PAWAN RAY S/o Harendra Ray Resident of Village- Kushar Khap Katti, P.S.- Mahua, District- Vaishali.

2.

Shrawan Kumar S/o Harendra Ray Resident of Village- Kushar Khap Katti, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2022 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 Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent. Allegation is of recovery of 3383.49 litres of liquor from a truck and a pick-up van.

Learned counsel for the petitioners further submits that neither the truck nor the pick-up van belongs to the petitioners nor they are driver or Khalasi of the aforesaid vehicles. It is next submitted that petitioners were not arrested

Patna High Court CR. MISC. No.31294 of 2022(2) dt.21-06-2022 2/2 from the spot and their name transpired based on secret information received by the police.

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

Considering the facts that petitioners were not arrested from the spot and are persons with clean antecedent and the nature of allegation as alleged in the FIR, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahua P.S. Case No. 228 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T