Indrajeet Ray @ Anarjeet Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33654 of 2022 Arising Out of PS. Case No.-103 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== Indrajeet Ray @ Anarjeet Ray, Son Of Rajendra Ray Resident Of VillageNaya Tola Pakri, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashish Kumar Ranjan For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 1433.835 litre of liquor from the wheat straw kept on government land situated near Bariyaro Mai Temple. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the alleged recovery is from a place which belonged to the government, as such, it appears that it were the officials and the police, who in connivance were misusing the government land

Patna High Court CR. MISC. No.33654 of 2022(2) dt.18-08-2022 2/2 for such illegal purpose and when the alleged recovery was made, then the present false case came to be instituted and the petitioner, who is a person with clean antecedent was made a scapegoat by implicating him based on secret information which is the easiest way to implicate an innocent person. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Raghopur (Rustampur O.P.) P. S. Case No.103 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T