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Patna High CourtCR. MISC./31716/2019allowed

Bishundev Ray @ Bishundeo Roy @ Bishnudeo Roy v. The State Of Bihar

2019-05-14Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31716 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- WARISNAGAR District- Samastipur ====================================================== BISHUNDEV RAY @ BISHUNDEO ROY @ BISHNUDEO ROY S/o Late Ramashish Ray R/o village- Madhopur, P.S.- Warisnagar, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Warisnagar P.S. Case No. 70 of 2019 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from public road which is evident from the seizure list. The petitioner has no concern with the alleged recovery. Hence,

Patna High Court CR. MISC. No.31716 of 2019(2) dt.14-05-2019 2/2 the petitioner may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Session Judge -cum- Special Excise, Samastipur in connection with Warisnagar P.S. Case No. 70 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T