Guddu Ray @ Ritesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79801 of 2018 Arising Out of PS. Case No.-645 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== Guddu Ray @ Ritesh Ray S/o Late Shyam Sundar Ray, resident of VillageRambag, Sarna Chowk, P.S.-Sadar, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Iftekhar Mahmood, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sadar P.S. Case No. 645 of 2018 dated 05.11.2018 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

Approximately 36.12 litres of liquor was recovered from a vehicle from where the brother of the petitioner was arrested. The name of the petitioner has transpired in the confession of his brother.

Learned counsel appearing for the petitioner has submitted that the aforesaid confession is only under the duress and that also when the brother of the

Patna High Court Cr.Misc. No.79801 of 2018(2) dt.16-01-2019 2/2 petitioner was in the captivity of the raiding team. For all practical purposes, the name of the petitioner has only been taken by an arrested accused person.

So far as the antecedent of the petitioner is concerned though earlier he was made accused in a case of 302 and 120B of the IPC but it was an offshoot of a domestic dispute in which the petitioner was granted anticipatory bail.

Considering the aforestated facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Purnea in connection with Sadar P.S. Case No. 645 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T